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DeutschLink 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…
FERTIUBER vs. UBER – Risk of Confusion
The judgment of the Provincial Court of Madrid dated January 25, 2024, addresses an intellectual property dispute between Fertilizantes 1968 S.L. and Uber Technologies Inc. In this case, Fertilizantes 1968 S.L. applied for the registration of the "FERTIUBER" trademark for products related to vehicles and drones used in agriculture. Uber Technologies Inc. opposed this registration based on the renown and phonetic similarity of its own brand, arguing it could cause confusion among consumers and…
Author's Rights Management Services in the European Union: Case C-10/22 between Liberi editori e autori and Jamendo SA
The decision of the Court of Justice of the European Union (CJEU) on March 21, 2024, in case C-10/22, addresses a legal issue related to the management of author's rights and related rights in the context of Directive 2014/26/EU and other relevant EU provisions. The case arises from a conflict between Liberi editori e autori (LEA) and Jamendo SA, concerning Jamendo's activity as an independent management operator in Italy, a service that LEA argues is carried out illegally under Italian…
Authorization for Satellite Broadcasting of Protected Works is Only Required in the Member State of Origin of the Signal.
The Judgment of the Court of Justice of the European Union (CJEU) of May 25, 2023 addresses the issue of copyright and related rights in the field of satellite broadcasting and cable distribution. Case C-290/21 arose from a dispute between the Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger Reg. Gen. mbH (AKM), an Austrian copyright collecting society, and Canal+ Luxembourg Sàrl, a satellite television operator, regarding the broadcasting in Austria of television…
The CJEU clarifies the burden of proof in cases of exhaustion of trademark law within the EU.
In case C-367/21 before the Court of Justice of the European Union (CJEU), the Regional Court of Warsaw, Poland, makes a reference for a preliminary ruling in a dispute between Hewlett Packard Development Company LP (HP) and Senetic S.A., a computer equipment distribution company. HP, which holds exclusive rights to certain European Union trademarks, markets computer equipment products through a network of authorized distributors, who undertake to sell these products only to end users or to…
The Right of priority for Community Designs is limited to six months and does not include patent applications
The Court of Justice of the European Union (CJEU) has issued a pivotal decision in the case involving The KaiKai Company Jaeger Wichmann GbR (KaiKai) and the European Union Intellectual Property Office (EUIPO), clarifying the interpretation of the right of priority for the registration of Community designs. The controversy arose when KaiKai applied for the registration of twelve Community designs, claiming a right of priority based on an international patent application previously filed under…
Hernandez Marti Abogados Recognized in WTR 1000
We are proud to announce that Hernandez Marti Abogados has been distinguished in the WTR 1000. This guide is dedicating itself exclusively to trademark practice and identifying the foremost trademark professionals around the globe. The WTR 1000 has become the definitive resource for those seeking exceptional legal trademark expertise. This year, Hernandez Marti Abogados is honored with the Bronze ranking for Spain in the categories of enforcement and litigation. This accolade is a reflection of…