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DeutschDecision following sanction procedure by the Spanish Data Protection Agency (AEPD)
Background On May 9, 2019, a complaint was filed before the AEPD (Spanish Agency of Data Protection), claiming that the respondent sent emails (with and advertising content) without blind copy, disclosing the email accounts of all of them. After carrying out the appropriate actions, the AEPD agreed to initiate disciplinary proceedings against the respondent for the alleged infringement of Article 5.1.f) of the GDPR. Legal grounds and decision The reported facts entail a breach of the principle…
The threshold of subcategories in proving genuine use. The SYRENA case.
Background of the case On 6 July 2010, Mr Arkadiusz Kaminski filed an EUTM application, seeking for the registration the word sign SYRENA for the goods in Class 9, 12 and 28. On 2016, Polfarmex filed an application for revocation against all the goods covered by the referred trademark. The matter reached the Board of Appeal, where it was found that it was solely shown genuine use for “cars” in Class 12. In short, it considered that that despite the lack of evidence of the actual sale of goods,…
Misleading brands and the Cava Appellation of Origin. Newcase-law doctrine.
Background of the case On 22 December 2016, DEEPSEACAVA was filed as a Spanish trademark application for sparkling wines under the denomination of origin cava. The Cava Regulatory Board filed an opposition against this application which was rejected by the OEPM. This decision was Appealed before the High Court of Justice in Madid, and entirely upheld by this Court. The Court agreed to reject the subject application on the grounds that it had not been authorized by said entity and therefore it…
The monopoly of the X-sign. There is no trademark infringement when well-known trademarks add it.
Background of the case Munich S.L. is the owner of several national trade marks, which contain an X or a blade as a main element. This entity filed a lawsuit against J. Ballvé Sports SL based on trademark and design infringement including as well unfair competition actions. The defendant argued the lawsuit claiming that its trademark NOX, is a well-known trademark in the paddle industry, the trademarks have coexisted in the past without entailing likelihood of confusion. The NOX paddle only…
The prohibition of the shape or appearance of the product under the scope of a Protected Designation of Origin. The average consumer and the relevance of the element. Morbier Case.
Background of the case The Société Fromagère du Livradois SAS, manufactured "Morbier" cheese without mentioning the Protected Designation of Origin (PDO) until 11 July 2017. It was then replaced by the name "Montboissié du Haut Livradois". In August 2013, the Syndicat interprofessionnel de défense du fromage Morbier (hereinafter the Syndicat), brought an action against the aforementioned company for having committed acts of unfair and parasitic competition by producing and marketing a cheese…
Bad faith and third parties’ knowledge of the applied trademark.
Background of the case The entity Sedes Holding Anonim Sirketi Türkiye Cumhuriyeti filed a lawsuit against the entities Gratis Shops Spain S.L., Rosa Crema S.L., Blanco Limón S.L., and Ezequias (hereinafter the defendants), requesting, among other claims, the declaration of the existence of bad faith when filing a trademark application, the nullity of the trademark at stake and the recognition of acts of unfair competition based on the following facts. The plaintiff is the owner of several…
Derivative works and the consent of the author of the original work LA REINA DE ESPAÑA.
Background of the case On January 24, 2017, a lawsuit was filed by Mr. Carlos López García and Mr. Manuel Ángel Egea Martínez against Mr. Fernando Rodríguez Trueba, requesting the plaintiffs to be declared the authors of the original work LA NIÑA DE TUS OJOS, the existence of intellectual property rights infringement (the unlawful transformation of the pre-existing work through the production of the film) and the defendant to be ordered to pay compensation for the damages caused. La NIÑA DE TUS…
Code of conduct on the use of influencers in advertising
Recently, the Code of Conduct on the use of Influencers in advertising was published by the Spanish Association of Advertisers (AEA) and the Association for the Self-regulation of Commercial Communication (AUTOCONTROL), within the framework of the Protocol signed with the Ministry of Economic Affairs and Digital Transformation and the Ministry of Consumer Affairs (2020). Regarding the rules of application, it is noted that the binding parties are those companies that are partners of the AEA…
Designs. The judge as an "informed user". Judge's assessment on the similarity of the designs in dispute.
Judgment of the Supreme Court of October 16, 2020. Background: Electrodomésticos Jata S.A., filed an ordinary lawsuit against Electrodomésticos Taurus S.L, in which it requested a ruling which, among other things, "declares that the manufacture and/or marketing and/or use by the defendant Electrodomésticos Taurus, S.L. of the GALEXIA ELEGANCE roasting griddle infringes the exclusive rights held by the plaintiff, arising from its Registered Community Design number 000876.065-001, and condemns…