Intellectual property crime – The incorporation of an artistic work by a third party in a product intended for commerce
On February 29, 2024, the Supreme Court (Criminal Chamber) issued a ruling addressing a dispute concerning a crime against intellectual property. The company ABASIC S.L., creator of the artistic prints for the brand Desigual, faced off against Ali&Alex, S.L. and its manager Daniel. They were accused of marketing handbags that reproduced ABASIC S.L.’s original artistic creations without authorization.
Monday September 30th, 2024
Plagiarism of the television format ‘Operación Triunfo’? Lawsuit dismissed for lack of capacity to bring proceedings.
The 9th Section of the Commercial Court of Barcelona, in its ruling dated July 29, 2024, addressed a case concerning the exercise of an action for intellectual property rights infringement. In this case, it was alleged that the television program "Eufòria" had plagiarized the format of "Operación Triunfo" (hereinafter, OT).
Monday September 23rd, 2024
Refussal of ‘PRIME’ trademark registration due to lack of distinctiveness
The decision issued by the Fourth Board of Appeal on August 30, 2024, in case R 790/2024-4, addresses the application for the registration of European Union trademark No. 18 876 003, relating to the sports drink trademark "PRIME".
Tuesday September 17th, 2024
Delimitation of the protection of the rights to privacy and to one’s own image in the context of social uses. Consent excludes unlawful intrusion. Publication of pictures.
Decision of the Court: The lower court dismissed the claim, concluding that, given the circumstances of the case, the defendant could reasonably understand that he had his wife's consent to publish the photographs.
Wednesday August 28th, 2024
Trademark Infringement and Unfair Competition Following Termination of Distribution Agreement – MAKEBLOCK v. DISTINTIVA
On September 1, 2023, the Commercial Court No. 1 of Alicante issued a judgment in favor of MAKEBLOCK Co Ltd in the case of trademark infringement and unfair competition against DISTINTIVA S COOP and its joint administrator, Diego.
Monday July 22nd, 2024
HERNANDEZ MARTI will attend MARQUES Annual Conference
Dr. Cristina Hernandez-Marti Perez, representing HERNANDEZ MARTI ABOGADOS, will be attending the 38th MARQUES Annual Conference, which is scheduled to take place in Stockholm from September 24 to 27, 2024.
Monday July 22nd, 2024
General Court Upholds EUIPO Decision in Google vs. EPay Trademark Dispute
In October 2019, Google LLC sought to register the EU word mark "GPAY" for a variety of goods and services under Classes 9 and 36. EPay AD, a company based in Sofia, Bulgaria, opposed the registration, citing its earlier registered Bulgarian figurative mark "ePay," which also covers electronic payment services.
Monday July 22nd, 2024
Energy Branding Battle: The GPS vs. GPG Trademark Case
Global Power Service SpA applied for the registration of the figurative trademark "GPS GLOBAL POWER SERVICE" for services in classes 35, 36, 37, 42, and 45 of the Nice Agreement. Naturgy Energy Group, S.A.
Thursday July 18th, 2024
Louis Vuitton triumphs: Trademark application deemed to causa risk of confusion
On July 2, 2024, the Opposition Division issued a resolution regarding the opposition filed by Louis Vuitton Malletier against the European Union trademark application No. 18 871 237 by Cheng Wang.
Wednesday July 3rd, 2024
Link exists between the marks due to their similarity, the strong reputation of “JOY,” and the related nature of the goods and services. – JOY vs. Joyful by nature
In the case T‑157/23, Kneipp GmbH filed an application for the EU word mark "Joyful by nature" on November 29, 2019. Jean Patou opposed this application, citing their earlier EU word mark "JOY," registered for various cosmetics and perfumery products in Class 3. The opposition was based on Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001, focusing on the reputation of "JOY."
Thursday June 20th, 2024
Overall impression – Community Design – Puma vs. Fujian Daocheng Electronic Commerce
The General Court issued its judgment on May 8, 2024, in Case T-758/22. The case involved Puma SE as the applicant, the EUIPO as the defendant, and Fujian Daocheng Electronic Commerce Co. Ltd as the other party to the proceedings.
Wednesday June 12th, 2024
Hernández Martí Abogados Attends INTA Annual Conference in Atlanta
Hernández Martí Abogados proudly attended the International Trademark Association (INTA) Annual Conference, which took place in Atlanta from May 18-22, 2024. This prestigious event provided a perfect platform for our team to engage in table topics, stay updated on the latest industry trends, and meet with clients.
Thursday June 6th, 2024