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Ornua Co-operative Ltd (hereinafter 'Ornua') is an Irish company which, since 1961, has been engaged in the production and export of Class 29 goods (dairy products), in particular butter, under various trade marks, including 'Kerrygold'. 

BATH COLLECTION SL, as plaintiff, filed a statement of claim against BATHFORTE SL AND OTHERS, defendant, in which the main actions for claiming registration of the industrial design and infringement of the same, and subsidiary actions for unfair competition, were deducted.

The plaintiff, bringing actions for infringement of trade mark rights under Article 41 of Law 17/2001, of 7 December 2001, on Trade Marks ("LM"), and actions arising from unfair competition for committing acts of obstruction and acts subsumable under Articles 6 and 12 of Law 3/1991, of 10 January 1991, on Unfair Competition.

The relevant facts of this judgement are as follows: 1) ICMA Sistemas, S.L. (hereinafter ICMA) entered into three research projects with the University of Vigo, financed by ICMA and partially subsidised by the Xunta de Galicia: (i) The first, entitled "Modelling, simulation and experimental study of a geothermal system for small and medium consumers", was directed by Arcadio, started on 10 July 2007 and had a duration of 12 months.

RUBIO SNACKS S.L., the appellant, is a company which is the proprietor of both the Spanish trade mark nº2.150.852 “RUBIO” and the EU trade mark nº 17.427.725 “RUBIO”, registered for goods in Class 29 of the International Nomenclature: "Potato crisps (English fries)";- "Potato crisps; soya and cassava crisps; potato crisps in bags; potato crisps in snack form; potato crisps in stick form; low-fat potato crisps; potato chips; dried fruit snacks; dates; dried figs.”

BRASIL Y BELLEZA S.L., from now referred as B&B, is a company which is dedicated to the online wholesale of hairdressing and cosmetic products. On April 25, 2019, B&B filed before the Commercial Courts the following combined lawsuits: declaratory action of disloyalty, cessation of the disloyal conduct, removal of the produced effects, and action for damages against the defendant MY WAY BARCELONA, from now referred as MYWAY, a limited company dedicated to the sale of hairdressing and cosmetic…

The organisation ASOCIACIÓN DE USUARIOS DE LA COMUNICACIÓN brought an action at first instance for declaratory relief and cessation of unlawful advertising and unfair competition against the company "BEAM SUNTORY SPAIN, S.L.", a company engaged in the distillation, rectification and blending of alcoholic beverages.

The CJUE has recently rejected the admissibility of the appeal filed by Eos Products (hereinafter EOS) against the decision of the General Court (case C-672/21) dated 8 September 2021; considering that the evidence provided was not sufficient to prove distinctiveness, as a result, EOS has not been able to register the egg shape of its lip balm as a three-dimensional trademark. 

On December 9, 2015, Vita Zahnfabrik H. Rauter GmbH & Co, KG obtained international registration No. 1346271 with designation in the European Union, for the word trademark "VITABLOCS TriLuxe forte".

Alpargatas, S.A. is the proprietor of the various figurative and mixed trademarks with the word element HAVAIANAS to identify, among other goods in class 25, clothing, footwear and headgear. Alpargatas Europe, S.L.U. is the exclusive distributor and licensee of these trademarks in the territory of Europe, the Middle East and Africa.

Neolith applied for registration of an EU trade mark, the sign of which was a pattern consisting of a series of rhomboidal, oval and zigzagging figures, all in a blurred outline, without any colour or designation.

The Spanish Supreme Court referred a question to the CJEU for a preliminary ruling in the context of a dispute between José Cánovas Pardo, S. L. and Club de Variedades Vegetales Protegidas, in relation to the exploitation by said company of mandarin trees of the variety called "Nadorcott" without the consent of the latter.