Patents. Claims. The scope of protection is limited by the claims that include the term “product for”.
The issues debated in the lawsuit are the plaintiff's allegation of patent infringement and the nullity of the patent invoked by the defendant. In summary:The applicant Aravén is the holder of Spanish Patent ES 2621356 (hereinafter ES 356), entitled "Shopping trolley", validation in Spain of European Patent EP 2974940, granted by the European Patent Office. The aforementioned patent claims priority of patent ES 201330361 of 14 March 2013.
Thursday December 16th, 2021
Well-known trade mark. Legitimate descriptive use of the sign ZARA in the promotion of services by a third party by means of gift cards for the purchase of goods in ZARA shops.
The facts giving rise to the judgment are, in summary, the following:Boungiorno Myalert offered services and downloads of entertainment content through its WAP services and SMS services for mobile telephones and launched a campaign for subscription to the service for the forwarding of multimedia content via SMS which it marketed under the name "Club Blinko", in which "it offered, on certain web pages accessed through banners with the ZARA sign inserted on other web pages, on Facebook and…
Wednesday December 15th, 2021
Design – Lack of individual character. JIEYANG DEFA INDUSTRY loses the battle against BARBIE.
On 7 May 2014, JIEYANG DEFA INDUSTRY CO. LTD, filed an application for registration of a Community design with the European Union Intellectual Property Office (EUIPO). The Community design is represented in the following views:
Tuesday December 14th, 2021
The XXI ASIPI Annual Congress took place in Punta Cana from 28 November to 1 December 2021
Cristina Hernandez-Martí Pérez participó como ponente en el panel “Nuevas tendencias en la protección de nombres, imágenes y parecidos (Name, Image and Likeness) junto con Fernanda Magalhaes y Sebastian Lovera.
Monday December 13th, 2021
The word mark Zara can not be registered for food products
In March 2010, INDITEX filed an application for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the word sign ZARA, under which he intends to move on to other articles related to the food market. But a few months later, in September, an Italian company (FFAUF ITALIA SPA) filed a notice of opposition. They claim that they already have the LE DELIZIE ZARA trademark on the market, under which they sell dried,…
Monday December 13th, 2021
Genuine use of the trade mark. Coffee-based drink, or energy drink? MONSTER ENERGY CO
On 3 November 2010, MONSTER ENERGY CO., filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the word sign “MONSTER”. The goods in respect of which registration was sought are in Classes 30 and 32 of the Nice Agreement:
Friday December 10th, 2021
Impact of disclosure of prior industrial designs and lack of individual character
On 12 January 2007, Mr. Guasch Pubill applied for the following registration of a Community design at the European Union Intellectual Property Office (EUIPO):
Tuesday December 7th, 2021
The General Court of the European Union refuses to allow club AC Milan to register its trademark for stationery goods
On 2 February 2017, the applicant, Associazione Calcio Milan SpA (AC Milan), submitted an application for international registration designating the European Union to the European Union Intellectual Property Office (EUIPO). Registration as a mark was sought for the following figurative sign:
Friday December 3rd, 2021
INTA ANNUAL CONFERENCE 2021
HERNANDEZ MARTI ABOGADOS attended last week the annual INTA online congress and mini-conference that took place in person in Berlin.
Thursday November 25th, 2021
Limitation of the effect of a trademark: descriptive use of the trade mark. Zara v. Boungiorno
Boungiorno Myalert S.A. (hereinafter Boungiorno) is a company which in 2010 provided information services via the internet and mobile telephone network. At that time it launched a campaign for subscription to the SMS multimedia content delivery service which it marketed under the name "Club Blinko", in which it "offered, on certain web pages accessed via banners with the ZARA sign inserted in other web pages, on Facebook and Hotmail, participation in a prize draw in which the prize was a ZARA…
Thursday November 18th, 2021
Weak trademarks and likelihood of confusion. Red Car Oil Gasolineras Lowcost” and “Red Ahorro 24 h” case.
RED CAR OIL S.L. is a company engaged in the retail trade of automotive fuels and fuels and owner of service stations and car wash centres. On 28 January 2019, the said company filed an application for registration of the mixed trade mark "RED CAR OIL GASOLINERAS LOWCOST", with number 4.002. 215, to designate retail services for the retail sale of foodstuffs; retail services for the retail sale of tobacco; retail services for the sale of automotive fuels in specialised establishments,…
Thursday November 11th, 2021
“Bachirulo” case. A change of product does not necessarily bring unique character to a design.
ARTURO is the holder of registered industrial designs Nos. 514810-01 and 514810-02, consisting of applying the print of the “cachirulo aragonés” (handkerchief), in its two versions red-black / purple-black, to a tubular garment or neck brace.
Friday November 5th, 2021