Determination of damages for patent infringement by calculating the profits obtained by the infringer.
The particularity of the case examined by the judgment is the fact that the patented product was not commercialised by the infringer as such, but as part of a composite product.
Monday December 19th, 2022
Contributory infringement of intellectual property rights. Action other than the lifting of the veil of personality.
The direct economic interest in the results of the infringing behaviour and the ability to control the behaviour of the infringer is one of the three cases of liability for contributory infringement of intellectual property rights, as provided in the second paragraph of article 138 of the Intellectual Property Law.
Thursday December 15th, 2022
The sign formed by the words “body” and “tone” is not descriptive to distinguish bicycles. Non-existence of a cause of nullity. Compensation for damages.
The plaintiff is the owner of trademark 2857285, "Bodytone", word mark, applied for on 19/12/2008 and granted on 04/06/2009 to designate gymnastics and sport articles, among others, included in classes 28 and 35.
Monday December 12th, 2022
Barcelona – injunctive reliefs – NFT’s
On July 29th 2022, VISUAL ENTIDAD DE GESTIÓN DE ARTISTAS PLÁSTICOS, filed several actions, requesting that it be declared that the defendant, Grupo Mango, was infringing the economic and moral rights that Mr. Agustín, Mr. Alejo and Mr. Alfredo hold over five works, that were being used by the defendant without their consent or authorization, and that it be ordered to cease such use, with the corresponding compensation, and to publish the judgment.
Thursday December 1st, 2022
Television format El Rosco. Intellectual property. Subjective liability of the infringer.
The judgement of the Barcelona Provincial Court overturns the judgement handed down at First Instance (see Review) and, upholding MC&F's claim, recognises its ownership of the rights over the "21x100" test for a television quiz show, now known as "El Rosco", and that these rights are protected by intellectual property law.
Wednesday November 30th, 2022
’DEVICE OF A BANSKY’S MONKEY’ – Valid trade mark – Nonappreciation of bad faith
On November 2018, Pest Control Office Limited (‘Pest Control’), filed an application for registration of a figurative EU trade mark for goods in classes 9, 16, 25, 28 and 41. The application was published on March and registered on June of the following year.
Wednesday November 23rd, 2022
NFTs Trademark protection
Faced with a high demand for applications including terms related to virtual goods and non-fungible tokens and in order to avoid increasing legal uncertainty, the European Union Intellectual Property Office (EUIPO) has published guidelines showing the approach taken by the Office for the classification of virtual goods.
Tuesday November 8th, 2022
’LALIGA HEAD SOCCER’ – Trade mark invalidity on bad faith
D&D DREAM CORP ('DREAM') launched a digital game called 'HEAD SOCCER' in 2012. For its part, LA LIGA NACIONAL DE FUTBOL PRFESIONAL (hereinafter LALIGA), applied on October de 9th of 2017 for registration to the OEPM of the figurative mark "LA LIGA HEAD SOCCER", for goods in class 9, including "computer game software for use on mobile phones and mobile phones". Trade mark Nº 3 686 122 was granted in the absence of opposition.
Friday November 4th, 2022
VIVA MODEL MANAGEMENT – Trademark infringement
The entity dedicated to the modeling industry, VIVA MODEL MANAGEMENT, is the owner of the International Trademark with effects in Spain nº 0905203 "VIVA MODEL MANAGEMENT" for classes 35 and 41. For its part, the company AZUVIL LINGERIE S.L., dedicated to the business of escort services, began to use the sign "VIVA MODEL", to identify itself in the traffic of its market and, in addition to that, adopted the domain names www.vivamodel.com and www.vivamodel.es.
Wednesday November 2nd, 2022
The display of an image on the Internet (Rihanna Instagram post) is considered a design disclosure – PUMA case
PUMA SE is the holder of registered Community Design No. 3 320 555-0002 with a filing date of 26 July 2016. Priority was claimed for US design patent application No. 29/572,153 filed on 25 July 2016; the indication of goods is for "shoes".
Friday October 21st, 2022
33rd EUIPO User Group meeting
The 33rd EUIPO User Group meeting took place on 17 October 2022 in Alicante. Cristina Hernandez-Marti Perez participated on behalf of ASIPI (Inter-American Association of Intellectual Property). The purpose of the meeting is to exchange views on common subjects of interest.
Friday October 21st, 2022
”READY4YOU” – Slogan devoid of distinctive character
On 11 March (Case T-432/21) and 13 March 2020 (Case T-367/21) the applicant, Sushi&Food Factor sp. z o.o. sp.k, applied to the European Union Intellectual Property Office (EUIPO) for registration of the following figurative signs for the goods and services in Classes 29, 30 and 43.
Wednesday October 5th, 2022