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DeutschProvisional measures. Supreme v. Supreme. Non registered well-known trademark.
Background of the case The entity CHAPTER 4 CORP. DBA SUPREME (hereinafter, CHAPTER), filed a request for provisional measures prior to the filing of an action for infringement of the well-known trademark SUPREME in Spain and for unfair competition. The plaintiff is the owner of 130 trademark applications and registrations in more than 52 countries around the world. The defendant has a website and two stores, where products identical or very similar to those of the plaintiff under the SUPREME…
Update on procedural and administrative deadlines before the OEPM and EUIPO.- COVID-19
After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of administrative timeframes before the Spanish Trademark and Patent Office (OEPM) and the European Union Intellectual Property Office (EUIPO) has been suspended and interrupted. Below, we clarify how this situation will be implemented in both offices as well as in the Spanish legal system after the approval of another 15 days’ extension, until April 26. We may however anticipate that a new…
On May 14, 2020, the Spanish Patent and Trademark Office (OEPM) organized a virtual discussion on "Compulsory Licensing in Patents. Approach during the Covid-19 pandemic”.
Hernández-Martí attended, as listener, the virtual round table organized by the OEPM where it was discussed how the Office as well as the Spanish Government will react towards a vaccine or medical treatment directed to decrease the effects of the current pandemic caused by the Covid-19, within the industrial property field. There is currently no vaccine or medical treatment that can mitigate the effects of the pandemic. It was therefore stressed that the role of the office is to facilitate and…
Does the act of hiring out cars equipped with a radio receiver constitute a communication to the public? - Copyright infringement
Background of the case Fleetmanager Sweden AB and Nordisk Biluthyrning AB are motor vehicle leasing companies with their registered offices in Sweden. They offer vehicles equipped with a radio receiver for hiring, either directly or through intermediaries, in particular for periods not exceeding 29 days, which is regarded under national law as a short-term lease. The two companies are being sued in two separate proceedings, the first by Föreningen Svenska Tonsättares Internationella Musikbyrå…
Update on procedural and administrative deadlines before the OEPM and EUIPO.- COVID-19
After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of administrative timeframes before the Spanish Trademark and Patent Office (OEPM) and the European Union Intellectual Property Office (EUIPO) has been suspended and interrupted. Below, we clarify how this situation will be implemented in both offices as well as in the Spanish legal system after the approval of another 15 days’ extension, until April 26. We may however anticipate that a new…
AMAZON v COTY
Is a natural person or a legal entity who stores goods which infringe trade mark rights on behalf of a third party, without being aware of that infringement, to be regarded as stocking those goods for the purpose of offering them or putting them on the market? Background of the case. The parties involved in the case are Coty Germany GmbH (hereinafter referred as "COTY") and AMAZON. COTY distributes perfumes and holds an EUTM license "DAVIDOFF" for perfume-related products. AMAZON offers to…
Fack Ju Göhte, is it contrary to accepted principles of morality?
Background of the case. On 21 April 2015, the appellant, Constantin Film Produktion, filed an EUTM application before the EUIPO 'Fack Ju Göhte' for Classes 3, 9, 14, 16, 18, 21, 25, 28, 30, 32, 33, 38 and 41, which corresponds in addition to the title of a highly famous and recognized German comedy film produced by the appellant. In September 2015, the examiner issued a provisional refusal on the ground that it was contrary to accepted principles of morality. Being the arguments of the…
Update on procedural and administrative deadlines before the OEPM and EUIPO. - COVID-19
After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of administrative timeframes before the Spanish Trademark and Patent Office (OEPM) and the European Union Intellectual Property Office (EUIPO) has been suspended and interrupted. Below, we clarify how this situation will be implemented in both offices as well as in the Spanish legal system. Administrative bodies. OEPM The Director of this Office has issued a resolution implementing the Royal…
Making available to the public and e-books. New interpretation.
On 19 December the Grand Chamber of the Court of Justice of the EU ruled on the question referred for a preliminary ruling in the context of a dispute in the Netherlands concerning the provision of online services consisting of a virtual marketplace for "second-hand" e-books, with regard to the interpretation of Articles 2, 4(1) and (2) and 5 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related…
Hernández-Martí attended yesterday the Launch of the European Social Innovation Competition 2020 - Reimagine Fashion
Hernández-Martí attended yesterday the Launch of the European Social Innovation Competition 2020 - Reimagine Fashion, which took place in the Palau de les Arts Reina Sofia. It was discussed among others the parameters to reedecuate consumer as well as the fashion industry to direct it towards a more eco-friendly and sustainable sector. During the speeches, several speakers presented their business models and the entrepreneurial ways of succeeding in such an emerging field. Also professors and…