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DeutschThe reversed order of the same words as a differentiating factor: the case Betsport v.s Sportbet
The European Union trade mark No 18736246 named Sportbet was applied for in class 41 regarding gambling services. In response, Circus Belgium S.A., owners of the trade mark Betsport, filed an opposition to the registration under Article 8(1)(b) of the EUTMR. However, the opposition was rejected in its entirety as no relevant similarity was found between the two signs despite the fact that the services offered were identical. The opponent appealed against that decision made by the Opposition…
Invalidity Proceedings: Unfair Exploitation of Distinctiveness
On December 10, 2020, the applicant, Monster Energy Co. (hereinafter, "Monster"), filed an invalidity action before the EUIPO against the trademark "Insomnia Energy," which was registered in Class 32, covering energy drinks. Monster argued that the invalidity request was based on the unfair exploitation of the fame of its mark. However, the Cancellation Division rejected the request, concluding that there was no likelihood of confusionbetween the conflicting marks and that the degree of…
Protection of Computer Programs in the EU: Limitations on Modifying Variable Data
The Court of Justice of the EU recently issued a ruling regarding the scope of legal protection for computer programs under Directive 2009/24/EC, which lays the foundation for copyright in software within the EU. This question was raised by the Bundesgerichtshof (Federal Supreme Court of Civil and Criminal Matters, Germany). In this case, Sony Computer Entertainment Europe Ltd (hereinafter, Sony) sued Datel Design and Development Ltd (hereinafter, Datel), arguing that Datel had modified…
AIJA Seminar in Málaga: New Technologies: Is IP/TMT and Antitrust Law Future Proof?
From October 24 to 26, 2024, AIJA held a seminar in Málaga, organized by the Intellectual Property, Technology, Media, and Telecommunications (IPTMT) and Antitrust Commissions. The conference, under the theme "New technologies: Is IP/TMT and Antitrust law future proof?", attracted lawyers and experts from around the world to discuss the future of these areas of law amid rapid technological advances. One of the seminar's highlights was the panel "Registered designs in transformation: When chairs…
Pattern mark. Lack of distinctiveness
In the resolution dated September 13, 2024, the EUIPO rejected the European Union Trademark No. 18 969 849, based on Article 7(1)(b) EUTMR, on the grounds that it lacked distinctiveness. The applicant argued that the trademark had strong distinctive character, supported by technical and psychological studies presented that highlighted the distinctiveness of the mark. Among others, the following analyses were submitted: "Graphical Analysis of the Hestern Pattern" "Psychological Analysis of…
It is not necessary for the public to believe they are acquiring an original product for it to be an ip infringement. Spanish Supreme Court
On June 27, 2024, the Supreme Court, Second Chamber (Criminal), issued a conviction against the appellant, a co-owner of a retail establishment, for offering counterfeit products of various prestigious brands, such as Tommy Hilfiger, Ralph Lauren, Levi's, Calvin Klein, Adidas, Carolina Herrera, Fila, Fred Perry, Lacoste, Nike, Armani, and Guess, without the authorization of the respective trademark’s owners. As a result of a police intervention at the appellant's establishment, 872 items were…
Academic Plagiarism: Copyright Infringement in a Doctoral Thesis
On September 6, 2024, the Commercial Court of Madrid, Section 07, issued a ruling in a case of intellectual property rights infringement. The plaintiff alleged, under Article 1 and subsequent articles of the Intellectual Property Law (hereinafter, IPL), that her work "MARIANA OF AUSTRIA IN THE POLITICAL CROSSROADS OF THE 17TH CENTURY" had been plagiarized by the defendant in his doctoral thesis "THE GOVERNANCE OF THE HISPANIC MONARCHY DURING THE REGENCY OF MARIANA OF AUSTRIA (1665-1675)." The…
Cristina Hernández-Martí Pérez speaks at the Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile and ASIPI
On October 22, 2024, our partner, Cristina Hernández-Marti Pérez, participated as a speaker at the prestigious Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile in collaboration with the Inter-American Association of Intellectual Property (ASIPI). During her presentation, Cristina discussed the legal framework and evolution of non-traditional trademarks in the European Union and Spain, highlighting recent trends and challenges in protecting trademarks…
Refusal to register a trade mark in Class 33 on the grounds that it conflicts with the Appellation of Origin ‘Toro’ (Denominación de origen TORO) and misleads the consumer
The European Union Trade Mark No. 17 966 918 was filed for Class 33, related to alcoholic beverages. The REGULATORY COUNCIL OF THE TORO DESIGNATION OF ORIGIN filed an opposition against all the goods, invoking Article 8(1)(b), Article 8(5), and Article 8(6) of the EUTMR, based on prior rights. The opposition was initially dismissed in its entirety and was appealed by the opposing party, alleging the existence, validity, and scope of protection of the DO “Toro,” invoked under Article 8(6)…
Community Design - Insufficient Evidence to Prove the Existence of a Prior Design with Similar Characteristics
On September 11, 2024, the Third Board of Appeal of the EUIPO dismissed an appeal regarding a request for invalidation of Community Design No. 5 809 746-0001. The design in question pertains to the construction of a portable sauna. The request was filed by Ecosauna Project OÜ (hereinafter, the applicant), who argued that the design lacked novelty and individual character pursuant to Articles 5 and 6 of the Community Design Regulation (CDR), based on Article 25(1)(b) and Article 4 of the…