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DeutschThe lack of individual character of the designs – Crocs Case
The company Crocs, Inc. is the holder of a registered Community design (hereinafter RCD) regarding a footwear design, which was registered on 22 November 2004. On 24 October 2022, Gor Factory, S.A. filed an application for a declaration of invalidity against the contested RCD claiming that it lacks novelty and individual character, as the RCD merely consisted in a representation of clogs. In addition the invalidity applicant submitted excerpts from the Internet Archive of a website from 2003…
Lack of International Jurisdiction of Spanish Courts in a Case Involving the Copying of a Streetlamp in Doha (LATINA Case) - Copyright
The plaintiff in these proceedings is an architect who has developed several urban and architectural projects. The plaintiff has maintained a contractual relationship with the group Santa & Cole Ediciones de Diseños S.A. to which she assigned the patrimonial rights of the design of a lamp called LATINA with the purpose of commercializing it. Currently, the lamppost is installed in several cities around the world. On the other hand, Ashghal is a state-owned commercial entity that channels…
Cristina Hernández Martí Pérez at the 23rd MARQUES Spring Team Meetings
On March 13th and 14th, 2025, Cristina Hernández Martí Pérez will attend the 23rd MARQUES Spring Team Meetings, which will take place in Barcelona. This event provides a unique opportunity for Team and Council members to network in an exclusive setting, develop strategies, and stay up to date on MARQUES' activities. Cristina has also been appointed as Vice-Chair of the Regulatory Team, whose mission is to raise awareness of regulatory, labelling, packaging, and claims (health & safety)…
II International Congress on Industrial Property and Advertising in the Fashion and Cosmetics Sector
We are pleased to announce that our partner, Cristina Hernández-Marti Pérez, will be moderating the ASIPI panel at the II International Congress on Industrial Property and Advertising in the Fashion and Cosmetics Sector, organized by Universidad Rey Juan Carlos. ASIPI Panel: "Non-Traditional Trademarks in Latin America in the Fashion and Cosmetics Sector" In this session, distinguished experts will discuss the challenges and opportunities of protecting non-traditional trademarks in the fashion…
Trademark infringement and unfair Competition: Decision on the unauthorized use of a trademark in a commercial establishment
Centros de Depilación Láser Ideal SL, is an authorised licensee of the registered trade mark ‘CNLI Ideal Centros de Depilación Láser’, with the faculty to sub-license. This entity, on 27 October 2015, held a business franchise contract with a private individual, which included the assignment of the rights to use the registered trademark for the development of its beauty business in premises located in a shopping centre. The contract ended on 5 March 2020 as a result of a communication from the…
The distinctiveness of minimalist trademarks
On 29 December 2020 Shenzhen City Chongzhen Tecnology Co. Ltd filled an EUTM application for a figurative sign consisting of 6 horizontal black lines, on a white background, forming the shape of the letter “Y” or “V”, for goods and services in Class 9 regarding electronic devices. However, on 9 April 2021, the company Giorgio Armani SpA filed an opposition on the basis of its earlier figurative EUTM Nº15743891 registered on 6 January 2017 for Classes 9 and 25. The opponent's trademark is…
Bad faith in trademark registration proceedings. The Tesla case
On 4 November 2022, an application was filed requesting for a declaration of invalidity against EUTM 5838727 “TESLA” (word mark) for all of the goods covered by the EUTM, which belong to classes 12 and 25, regarding accessories for vehicles and clothing, among others. The reason for this application was based on the grounds of bad faith under art.59.1.b EUTMR. The applicant, the well-known electric vehicle company Tesla, Inc. argued that the registration of the trade mark is based on…
Hernández Martí Abogados is listed in the Bronze Firms category for trademark enforcement and litigation in Spain in the WTR 1000
Hernández Martí is lauded by patrons for its embodiment of a “360-degree approach to the IP experience”, owing to its “in depth knowledge of intellectual property rights, not only from a prosecution angle, but also a litigation and transactional one”. https://www.worldtrademarkreview.com/rankings/wtr-1000/profile/firm/hernandez-marti-abogados
Dr. Cristina Hernández-Marti Pérez is listed in the Silver Individuals category for trademark enforcement and litigation in Spain in the WTR 1000
Spearheading the firm’s IP department, Cristina Hernandez Marti is a pillar of rich legal, academic and business knowledge, particularly where trademark prosecution, unfair competition and advertisement law are concerned. She is known to possess “a strong business mindset that doesn’t centre the legal outcome as the main priority, but instead strives to find the right solution for the client”.……
Refusal of the EU trade mark RUSSIAN WARSHIP, GO F**K YOURSELF - devoid of distinctive character
On 16 March 2022, an application was filed for the European Union Trade Mark MUE 018672791 consisting of a figurative sign showing the slogan RUSSIAN WARSHIP, GO F**K YOURSELF in English and Russian, for the goods and services in classes 9, 14, 16, 18, 25, 28 and 41. The registration of the applied trade mark was refused in itsentirety on the grounds of article 7 (1) (f) EUTMR regarding the conflict with publicorder. The applicant appealed against the mentioned decision.The Board held that…