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DeutschDelimitation of the protection of the rights to privacy and to one's own image in the context of social uses. Consent excludes unlawful intrusion. Publication of pictures.
The relevant facts: the plaintiff, of Spanish nationality and domiciled in Spain, was married to the defendant, of French nationality and domiciled in France; Claimant and defendant were married and, without there being any evidence of a marital crisis, the defendant published on his Facebook wall several photographs showing the image of the claimant, who expressed her satisfaction (they were photographs relating to pleasant or playful moments in the family's daily life), without it having…
Trademark Infringement and Unfair Competition Following Termination of Distribution Agreement – MAKEBLOCK v. DISTINTIVA
On September 1, 2023, the Commercial Court No. 1 of Alicante issued a judgment in favor of MAKEBLOCK Co Ltd in the case of trademark infringement and unfair competition against DISTINTIVA S COOP and its joint administrator, Diego. MAKEBLOCK Co Ltd, a leading educational robotics company based in Shenzhen, China, globally recognized for its STEAM educational solutions, sued DISTINTIVA S COOP, a Spanish cooperative that was an authorized distributor of MAKEBLOCK products in Spain between 2014 and…
HERNANDEZ MARTI will attend MARQUES Annual Conference
Dr. Cristina Hernandez-Marti Perez, representing HERNANDEZ MARTI ABOGADOS, will be attending the 38th MARQUES Annual Conference, which is scheduled to take place in Stockholm from September 24 to 27, 2024. The conference will cover a wide range of topics relevant to brand ownership, including selection, promotion, protection, and enforcement of trademarks. Specific sessions will address issues such as litigation and public opinion, online enforcement strategies, market realities before the…
General Court Upholds EUIPO Decision in Google vs. EPay Trademark Dispute
In October 2019, Google LLC sought to register the EU word mark "GPAY" for a variety of goods and services under Classes 9 and 36. EPay AD, a company based in Sofia, Bulgaria, opposed the registration, citing its earlier registered Bulgarian figurative mark "ePay," which also covers electronic payment services. The opposition was based on Article 8(1)(b) of Regulation (EU) 2017/1001, which addresses the likelihood of confusion due to the similarity of marks and the identity or similarity of…
Energy Branding Battle: The GPS vs. GPG Trademark Case
Global Power Service SpA applied for the registration of the figurative trademark "GPS GLOBAL POWER SERVICE" for services in classes 35, 36, 37, 42, and 45 of the Nice Agreement. Naturgy Energy Group, S.A. filed an opposition based on its earlier Spanish trademarks "GPG GLOBAL POWER GENERATION," registered in classes 35, 37, and 42, arguing a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001. The Opposition Division rejected the opposition in its entirety on March 1,…
Louis Vuitton triumphs: Trademark application deemed to causa risk of confusion
On July 2, 2024, the Opposition Division issued a resolution regarding the opposition filed by Louis Vuitton Malletier against the European Union trademark application No. 18 871 237 by Cheng Wang. The opposition was based on Article 8, paragraph 5, of the European Union Trade Mark Regulation (EUTMR), which stipulates that a trademark registration will be denied if it is identical or similar to a previously well-known mark, and if the unjustified use of the contested mark could unduly take…
Link exists between the marks due to their similarity, the strong reputation of "JOY," and the related nature of the goods and services. – JOY vs. Joyful by nature
In the case T‑157/23, Kneipp GmbH filed an application for the EU word mark "Joyful by nature" on November 29, 2019. Jean Patou opposed this application, citing their earlier EU word mark "JOY," registered for various cosmetics and perfumery products in Class 3. The opposition was based on Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001, focusing on the reputation of "JOY." The EUIPO's Opposition Division upheld the opposition, citing the strong reputation of "JOY." Kneipp GmbH appealed…
Overall impression – Community Design – Puma vs. Fujian Daocheng Electronic Commerce
The General Court issued its judgment on May 8, 2024, in Case T-758/22. The case involved Puma SE as the applicant, the EUIPO as the defendant, and Fujian Daocheng Electronic Commerce Co. Ltd as the other party to the proceedings. Puma SE sought to annul a decision by the Third Board of Appeal of the EUIPO, which had upheld the registration of a Community design for a shoe by Fujian Daocheng. Puma argued that the contested design lacked individual character, citing several earlier designs and…
Hernández Martí Abogados Attends INTA Annual Conference in Atlanta
Hernández Martí Abogados proudly attended the International Trademark Association (INTA) Annual Conference, which took place in Atlanta from May 18-22, 2024. This prestigious event provided a perfect platform for our team to engage in table topics, stay updated on the latest industry trends, and meet with clients. It also offered ample opportunities for networking and enjoying the renowned Atlanta cuisine. We are already looking forward to next year’s annual meeting, which will be held in San…
9th MIPLC Alumni Conference on Intellectual Property and Competition Law
Hernandez Marti proudly attended the MIPLC Alumni Conference on April 20th in Munich. This engaging event featured discussions on pivotal topics within the intellectual property realm. Key subjects included the patent framework for artificial intelligence in the USA, new trends in collective rights management across the EU, the increasing gamification within the entertainment industry, and the latest regulatory developments in IP and data. These discussions underscore our commitment to staying…