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DeutschThe scope of protection of the right to honour, privacy and personal image in audiovisual works inspired by real events
Atresmedia, Bambú and Netflix produced and broadcast the television series ‘Fariña’, which is inspired by events relating to tobacco smuggling and drug trafficking on the Galician coast in the 1980s. The aforementioned production companies were sued by one of the individuals convicted of drug trafficking whose character appears in the series, played by an actor who resembles him and using his first and last names. The plaintiff considers that his right to honour, privacy and personal image have…
The distinctiveness of numerical trademarks - Inditex
INDITEX filed an application with the Spanish Patent and Trademark Office (SPTO) to register a figurative trademark consisting of the following numerical sequence: 26 1 18 1. However, the SPTO rejected this application on the grounds that the trademark lacked distinctiveness. INDITEX then filed a lawsuit with the Provincial Court of Madrid, arguing that the sign had intrinsic distinctiveness and that, in any case, it had acquired distinctiveness. However, the lawsuit was dismissed because it…
The Copyright protection of utilitarian objects
The Court of Justice has ruled on two requests for preliminary rulings from courts in Sweden and Germany regarding the criteria utilitarian objects must fulfill in order to be eligible for copyright protection. The dispute arose when two furniture manufacturers claimed in court that retailers in the sector had infringed their copyright on certain items of furniture. Asplund sued Milo in Sweden for marketing “Cord” dining tables that infringe the copyright protecting the plaintiff's “Palais…
The assessment of distinctiveness in perfumery and cosmetic products- Parfums Christian Dior
On 4 September 2024, Parfums Christian Dior filed a three-dimensional trademark application, with the EUIPO, to designate cosmetic, perfumery and make-up products in Class 3. However, the examiner refused the application on the grounds that the sign lacked distinctive character for the intended goods, as it did not significantly depart from the norms and customs of the sector, and consisted merely of a combination of common presentation elements (a black rectangular bottle with a rounded metal…
Distinctiveness and Lexicalization of a Well-Known Trademark: The DONUT Case before the Supreme Court
Bakery Donuts Iberia S.A.U. is the owner of the well-known Spanish trademarks ‘DONUT’ and ‘DONUTS’, which designate bakery products included in class 30 of the nomenclature. However, the company Atlanta Restauración Temática S.L. marketed, through its website, doughnuts under the brand name ‘REDONDOUGHTS’ which were identified as ‘donuts’ in the product description. In view of this situation, Bakery Donuts filed a lawsuit against Atlanta for infringing its trademark rights and engaging in…
Pictorial Co-Authorship and Originality in the Execution Phase: Judicial Recognition of the Executor’s Creative Contribution
In the present case, an artist sued the owner of an art studio in order to have her authorship or alternatively her co-authorship, of 221 pictorial artworks recognised. The plaintiff and the defendant collaborated for ten years, during which time the plaintiff painted pictures in the defendant's studio, following the defendant’s instructions and sketches. However, it was the plaintiff who executed the paintings, although the defendant also added some of their own strokes. Furthermore, the…
Rejection of bimbo’s three-dimensional trademark: lack of distinctiveness and non-application of the principle of registration continuity
Grupo Bimbo S.A.B, de C.V took legal action against the decision of the Spanish Patent and Trademark Office (SPTO) dismissing the appeal against the refusal of the three-dimensional trademark application M4153054 for flour or corn tortillas. The application was rejected on the grounds of insufficient distinctiveness, as the trademark’s shape was common for this type of biscuit or snack. The applicant also based its application on its previous three- dimensional trademark rights consisting of…
Concept of informed users and protection of modular systems. Community design. LEGO case.
The Hungarian Court of Justice has referred several questions to the European Court of Justice for a preliminary ruling on the scope of protection of Community designs that fall under the exception provided in the European legislation as the controversial pieces are objects that allow for the multiple assembly or connection of mutually interchangeable products within a modular system. The dispute arose from an action for infringement of a Community design brought by Lego against…
Conflict between trademark and domain name: the case of “mezquitadecordoba.org”
Alhambra Valparaíso Ocio y Cultura S. L. was the owner of the domain name “mezquitadecordoba.org”, which it registered in 2007. This domain corresponded to a website on which the company advertised guided tours of the Mosque of Córdoba, among other tourist activities. Subsequently, The Cathedral Chapter of Córdoba obtained the concession for the word marks ‘Mezquita de Córdoba’ (Mosque of Córdoba). The Chapter also brought arbitration proceedings before the WIPO, which ordered the transfer of…
Cristina Hernández-Martí Pérez – AIPF Board Member
HERNÁNDEZ MARTÍ ABOGADOS is proud to announce that our partner, Cristina Hernández Martí Pérez, has been appointed to the Board of Directors of the Association of Intellectual Property Firms (AIPF) for the 2025–2026 year. The AIPF has announced the appointment of its Officers and Board of Directors, effective September 11th, 2025. The Officers include: President: Carlos Olarte, OlarteMoure, Colombia Vice-President: Blair Barbieri, Hovey Williams, United States Treasurer: Michael Battaglia,…