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DeutschCristina 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…
Cristina Hernandez-Marti participated in AIJA annual congress
Cristina Hernandez-Marti, vicepresident of the Intellectual Property, Technology, Media, and Telecommunications Commission participated in AIJA annual congress that took place in August. During those days we dealt with the topic "DIVERSITY IN SPORTS: FROM SUCCESSFUL CAMPAIGNS TO FAIR PLAY".
Is the reference to the "white" color descriptive for the goods designated by the trademark OFF WHITE?
Background of the case On October 2017, the applicant OFF-WHITE LLC (hereinafter OFF WHITE), filed an EUTM application for the following figurative sign in Class 3, 9, 14 and 20. On January 2018, the examiner partially refused the application for the goods in Classes 9,14 and 20 since those were considered not distinctive and descriptive. An Appeal was filed by the applicant which was dismissed for some of the goods in Class 14 and for all the goods in Class 9 and 20. The applicant claims…
Does the pattern trademark of LOUIS VUITTON have acquired distinctiveness through use? The door remains open
Background of the case The applicant Louis Vuitton, filed in 2008 an IR designating the EU in Class 18. The mark sought for registration, was a pattern of colors, as the below one: On June 2015, a third party filed an application with EUIPO for a declaration of invalidity based on absolute grounds. The Cancellation Division, upheld the claim based on grounds of Article 7.1, b) of the Regulation (lack of distinctiveness). Subsequently, an Appeal was filed by Louis Vuitton, which was entirely…
Copyright in architectural works
The Intellectual Property Act (hereinafter LPI 1996) states that the ownership of the work corresponds to the author, that is to say, to its "creator". Therefore, the architect-designer acquires the intellectual property rights by the fact of being the author of the work that later takes shape in a building. However, intellectual property does not necessarily cover all the elements of a building, but only those elements that are creative and original and reflect the personality of the author.…
Start ups – confidentiality agreements (NDA)
In several occasions we are determined to undertake. But when starting a new business, there are many issues to consider and as well as many concerns. The first concern that may arise is whether I can get any protection when I communicate my idea to someone else. Is it convenient to sign a contract or a confidentiality agreement? Ideas are not protected. Sometimes an entrepreneur's idea is not so novel in itself, but the added value is provided by the entrepreneur (because of his experience,…
XOXO, lack of distinctiveness among the relevant public
Background of the case In August 2017, the applicant, Global Brand Holdings LLC, filed an application of an EUTM XOXO (word mark) for the following classes 3, 9, 14, 18, 25 and 35. On May 2018, the application was rejected, following the objections raised by the Office since the trademark was considered not distinctive and having a mere promotional and laudatory meaning. It was only allowed to proceed only in Class 35. Subsequently, the applicant filed an Appeal, which was eventually dismissed…
Can the shape of the Brompton bike be protected?
The Court states that works whose shape is necessary to achieve a functional technical result may be protected by copyright to the extent that it is original Background of the case A reference for a preliminary ruling has been submitted to the Court of Justice of the European Union in the context of a dispute between, SI and Brompton Bicycle Ltd ('Brompton') and Chedech/Get2Get ('Get2Get') concerning an action for infringement of copyright brought against the latter. Brompton has been marketing…