FERTIUBER vs. UBER – Risk of Confusion

The judgment of the Provincial Court of Madrid dated January 25, 2024, addresses an intellectual property dispute between Fertilizantes 1968 S.L. and Uber Technologies Inc.


Author’s Rights Management Services in the European Union: Case C-10/22 between Liberi editori e autori and Jamendo SA

The decision of the Court of Justice of the European Union (CJEU) on March 21, 2024, in case C-10/22, addresses a legal issue related to the management of author's rights and related rights in the context of Directive 2014/26/EU and other relevant EU provisions.


Authorization for Satellite Broadcasting of Protected Works is Only Required in the Member State of Origin of the Signal.  

Authorization for Satellite Broadcasting of Protected Works is Only Required in the Member State of Origin of the Signal.  


The CJEU clarifies the burden of proof in cases of exhaustion of trademark law within the EU.   

In case C-367/21 before the Court of Justice of the European Union (CJEU), the Regional Court of Warsaw, Poland, makes a reference for a preliminary ruling in a dispute between Hewlett Packard Development Company LP (HP) and Senetic S.A., a computer equipment distribution company.


The Right of priority for Community Designs is limited to six months and does not include patent applications

The Court of Justice of the European Union (CJEU) has issued a pivotal decision in the case involving The KaiKai Company Jaeger Wichmann GbR (KaiKai) and the European Union Intellectual Property Office (EUIPO), clarifying the interpretation of the right of priority for the registration of Community designs.


Hernandez Marti Abogados Recognized in WTR 1000

We are proud to announce that Hernandez Marti Abogados has been distinguished in the WTR 1000. This guide is dedicating itself exclusively to trademark practice and identifying the foremost trademark professionals around the globe. The WTR 1000 has become the definitive resource for those seeking exceptional legal trademark expertise.


AIPPI Spring Meeting in Madrid

Hernandez Marti Abogados will be participating in the upcoming AIPPI Spring Meeting scheduled to take place in the vibrant city of Madrid on February 22nd and 23rd, 2024.


INTELLECTUAL PROPERTY. COPYRIGHT LIMITS. THE INNOCUOUS OR FAIR USE OF A PROTECTED WORK. METAVERSE. MANGO CASE

Visual Entidad de Gestión de Artistas Plásticos (VEGAP) files a lawsuit against the company PUNTA FA S.A. for infringement of intellectual property rights.


Grounds for invalidity: sign consisting exclusively of the shape which results from the nature of the goods themselves and of the shape of goods which is necessary to obtain a technical result – LEGO case.

The company BB Services GmbH initiated the nullity proceedings for the three-dimensional trademark. The grounds invoked in the proceedings were Article 7(1)(e)(i) of Regulation (EU) 2017/1001 on the European Union trade mark and Article 7(1)(e)(ii) of the same regulation.


ILLEGITIMATE USE OF THIRD-PARTY TRADE MARK. MANUFACTURER OF AUTOMOBILE SPARE PARTS WHO INSERTS THE TRADE MARK OF THE VEHICLE MANUFACTURER ON THE SPARE PARTS. AUDI CASE

AUDI AG brought an action for trade mark infringement against GQ before the Polish courts, alleging that the defendant inserted the sign consisting of the "four rings", registered as a trade mark of the European Union, owned by AUDI, on its products (radiator grilles) intended for cars manufactured by AUDI, which also enjoyed the status of a well-known trade mark.


Economic impact of counterfeiting in the clothing, cosmetics, and toy sectors in the EU

The report on the economic repercussions of counterfeiting within the clothing, cosmetics, and toy industries in the European Union was released in January 2024.


ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS – Subject-matter of the contract. Binding of the cessation order to the infringement found in the judgment. Scope of the rights of reproduction and transformation – Kukuxumusu case

The author of various drawings of characters known as the "Kukuxumusu Universe" had assigned the economic rights over the drawings to the company Kukuxumusu by means of various contracts, whose company brought an action for infringement, as well as other actions, against the author and other persons.