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DeutschBad 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…
The imitation of services and initiatives as an act of unfair competition. Competitive uniqueness.
The Judgement of the Regional Court of Girona of July 27, 2020 prosecutes some facts that according to the plaintiff constitute illegal conduct under the provisions of Articles 4, 6, 11.2 and 12 LCD. Such acts, in essence, consisted of the manufacture and distribution by the defendants of bird cages, of the same color as those manufactured by the plaintiff and interchangeable with the latter. In this review we focus on the unfair conduct provided for in Article 11.2 LCD. In order to determine…
The burden of proof in copyright litigation in musical works managed by collecting societies or under "Creative Commons" and "Copy left" licenses.
Background of the case On 9 December 2019, an appeal was filed against the judgment of the Girona Commercial Court, which upheld the lawsuit filed by the General Society of Authors and Publishers (hereinafter the SGAE), the Association for the Management of Intellectual Rights (AGEDI) and the Artists, Performers and Executors Management Society of Spain (AIE). The ruling condemned the appellant, as the owner of the premises "Bar Inagua" to pay an amount of 4793, 78 euros for copyright, as a…
Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL
Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL: United Nations Commission on International Trade Law .The Working Group IV reviewed the draft provisions on the use and cross-border recognition of identity management and trust services.
Cristina Hernandez Marti joined 2020 AIPPI World Congress
Cristina Hernandez Marti joined 2020 AIPPI World Congress Online which took place 5-14 October. During those days really interesting topics where discussed such as the relationship between designs and copyright or the role of fundamental rights in trademark law.
The use of work of arts in the field of trademarks. BANKSY Case.
Background of the case: On 7 February 2014, the following figurative EUTM (12575155) was applied before EUIPO: The owner of the mark is Pest Control Office Limited, however, there is no doubt that the mark refers to one of the paintings of the well-known urban art artist BANKSY, graffiti that appears on the wall of the city of Bethlehem. Subsequently, Full Black Colour Limited, hereinafter the applicant, filed a declaration of invalidity against the subject trademark on the grounds of bad…
Acts of unfair competition in online advertising. The value of proof.
Background of the case On June 30, 2016, the appellant ACRISTALIA S.L. filed a lawsuit against Mr. Gabino and CRISTALIA VIDRIO 2000 S.L., requesting the court to sentence the defendants to cease on the use of the sign and name ACRISTALIA in social networks, as well as in any other media that may lead to confusion among consumers and consequently to withdraw the material in which the violation of the right has materialized and to acknowledge the unfair acts of the defendant. The Court of First…