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DeutschFERTIUBER 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…
AIPPI Spring Meeting in Madrid
Hernandez Marti Abogados will be participating in the upcoming AIPPI Spring Meeting scheduled to take place in the vibrant city of Madrid on February 22nd and 23rd, 2024. This prestigious event is set to cover a range of crucial topics in the field of intellectual property, attracting legal professionals from around the world. Key Topics to be Discussed: New Directions and Developments in Design Law Mediation Insights for International IP Disputes Discovery Mechanisms for a Preliminary…
INTELLECTUAL PROPERTY. COPYRIGHT LIMITS. THE INNOCUOUS OR FAIR USE OF A PROTECTED WORK. METAVERSE. MANGO CASE
Visual Entidad de Gestión de Artistas Plásticos (VEGAP) files a lawsuit against the company PUNTA FA S.A. for infringement of intellectual property rights. The relevant facts are as follows: PUNTA NA S.A. is the owner of several works of art and, for the opening of a Mango shop on Fifth Avenue in New York, it temporarily transferred to the defendant (PUNTA FA S.A.) the said works of art to be exhibited during the opening, where the works would be exhibited together with new digital works that…
Grounds for invalidity: sign consisting exclusively of the shape which results from the nature of the goods themselves and of the shape of goods which is necessary to obtain a technical result - LEGO case.
In 2020, a nullity application was filed before the EUIPO regarding the three-dimensional trademark: The company BB Services GmbH initiated the nullity proceedings for the three-dimensional trademark. The grounds invoked in the proceedings were Article 7(1)(e)(i) of Regulation (EU) 2017/1001 on the European Union trade mark and Article 7(1)(e)(ii) of the same regulation. It was argued that the shape of the product was dictated by its nature and that such shape was necessary to achieve a…
ILLEGITIMATE USE OF THIRD-PARTY TRADE MARK. MANUFACTURER OF AUTOMOBILE SPARE PARTS WHO INSERTS THE TRADE MARK OF THE VEHICLE MANUFACTURER ON THE SPARE PARTS. AUDI CASE
AUDI AG brought an action for trade mark infringement against GQ before the Polish courts, alleging that the defendant inserted the sign consisting of the "four rings", registered as a trade mark of the European Union, owned by AUDI, on its products (radiator grilles) intended for cars manufactured by AUDI, which also enjoyed the status of a well-known trade mark. The national court had doubts as to whether the defendant, the manufacturer of the spare parts, was making legitimate use of the…