Fashion Law Experts Association
Cristina Hernandez-Marti Perez, lawyer and partner of this professional law firm, has been admitted as a member of the Fashion Law Experts Association (AEDM).
Friday April 30th, 2021
The modular design of parts and the protection granted by the community design. Lego case.
On 2 February 2010, the applicant, Lego A/S, filed an application for a registered Community design at EUIPO, which was published in the Community Designs Bulletin N. 32/2010 of 11 February 2010, as follows:On 8 December 2016, the German toy company Delta Sport Handelskontor GmbH filed an application for a declaration of invalidity claiming that all the appearance features of the product concerned by the contested design were dictated solely by the technical function of the product and were…
Tuesday April 27th, 2021
Happy World Intellectual Property Day!
Happy World Intellectual Property Day!
Monday April 26th, 2021
The consideration of bad faith in imposing the costs of the proceedings. Industrial designs invalidity proceedings. Desigual case.
In January 2015 it was found that in the defendant ´s premises, the company SARA BAG SL, was selling bags reproducing prints from DESIGUAL products which are protected under intellectual and industrial property rights. Subsequently, a criminal complaint was filed and the infringing goods were seized following Preliminary Proceedings in the Instruction Court 4 of Fuenlabrada.
Tuesday April 20th, 2021
Are the heirs of Antonio Gaudi entitled to claim as prior rights the name, surname and image of the latter? The Trademark Act 17/2001 applied by the EUIPO Board of Appeal
On 24 March 2016, Gaudí BCN Projects S.L. fileD the following EUTM:In order to distinguish services in class 35 and class 42.Filing, the Junta Constructora del Temple Expiatori de la Sagrada Familia, an application for invalidity, on 26 November 2018 based on the following earlier rights: Spanish Trade Mark ANTONI GAUDI; Spanish Trademark European Union trade mark MUSEU GAUDI, Right to the name ANTONI GAUDI and Right to the image ANTONI GAUDI.
Monday April 19th, 2021
Principle of specialty and scope of protection of trademarks with reputation. The Puma Case
On 1 June 2017 CAMäleon Produktionsautomatisierung GmbH filed an application for the registration of an EU trade mark for the word sign PUMA-System in Classes 7, 9, 16 and 42.
Tuesday April 13th, 2021
The use of a generic term in a domain name. Trademark infringement or acts of unfair competition. TAXI PALAMOS
On 7 November 2019, the plaintiff filed a lawsuit based on a trademark infringement action as well as unfair competition acts. Hereinafter, and as a response to the lawsuit, the defendant opposed in its entirety to all the claims and in addition, filed a counterclaim requesting the nullity of the trademark based on bat faith.
Thursday March 25th, 2021
Ranking WTR 1000
World Trademark Review has appointed Cristina Hernández Martí as recommended individual for trademark enforcement and litigation in Spain.
Friday March 5th, 2021
Trade marks and freedom of expression in US and EU law
Cristina Hernandez-Marti Perez has recently published an article in European Intellectual Property Review in relation to trademarks and freedom of expression. This article compares the regulatory framework under US and European trade mark law in relation to the absolute prohibition grounds of registration that are contrary to the public order or morality.
Wednesday March 3rd, 2021
The descriptive character of the Trademark EL CLASICO
On February 17, 2017, the National Professional Football League filed an application for the following International Trademark with the EUIPO for Class 41.
Monday March 1st, 2021
Decision following sanction procedure by the Spanish Data Protection Agency (AEPD)
On May 9, 2019, a complaint was filed before the AEPD (Spanish Agency of Data Protection), claiming that the respondent sent emails (with and advertising content) without blind copy, disclosing the email accounts of all of them.
Friday January 22nd, 2021
The threshold of subcategories in proving genuine use. The SYRENA case.
On 6 July 2010, Mr Arkadiusz Kaminski filed an EUTM application, seeking for the registration the word sign SYRENA for the goods in Class 9, 12 and 28. On 2016, Polfarmex filed an application for revocation against all the goods covered by the referred trademark.
Thursday January 21st, 2021