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DeutschHernandez Marti abogados participated at Marques annual conference
The 2024 MARQUES Annual Conference, held in Stockholm from September 24-27, gathered over 900 intellectual property practitioners to discuss the evolving challenges in the field. The role of trademark experts is becoming increasingly complex, requiring them to navigate new technologies, business models, and regulations related to advertising and sustainability. This year’s conference covered a wide range of topics, including how litigation strategies are influenced by public opinion, the need…
Intellectual property crime - The incorporation of an artistic work by a third party in a product intended for commerce
On February 29, 2024, the Supreme Court (Criminal Chamber) issued a ruling addressing a dispute concerning a crime against intellectual property. The company ABASIC S.L., creator of the artistic prints for the brand Desigual, faced off against Ali&Alex, S.L. and its manager Daniel. They were accused of marketing handbags that reproduced ABASIC S.L.’s original artistic creations without authorization. As a result of a police operation, 3,746 handbags reproducing ABASIC S.L.’s original…
Plagiarism of the television format ‘Operación Triunfo’? Lawsuit dismissed for lack of capacity to bring proceedings.
The 9th Section of the Commercial Court of Barcelona, in its ruling dated July 29, 2024, addressed a case concerning the exercise of an action for intellectual property rights infringement. In this case, it was alleged that the television program "Eufòria" had plagiarized the format of "Operación Triunfo" (hereinafter, OT). The complaint presented two actions: 1) One for the infringement of intellectual property rights, and 2) Another for unfair competition. However, the court only considered…
Refussal of 'PRIME' trademark registration due to lack of distinctiveness
The decision issued by the Fourth Board of Appeal on August 30, 2024, in case R 790/2024-4, addresses the application for the registration of European Union trademark No. 18 876 003, relating to the sports drink trademark "PRIME". This application was initially denied by the examiner on July 4, 2023, pursuant to Article 7(1)(b) of the EUTMR, concluding that the term "PRIME," for English-speaking consumers, does not fulfill the distinctive function required of a trademark and is therefore…
Delimitation 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…