Español
DeutschEconomic impact of counterfeiting in the clothing, cosmetics, and toy sectors in the EU
The report on the economic repercussions of counterfeiting within the clothing, cosmetics, and toy industries in the European Union was released in January 2024. This study examines the economic consequences of counterfeit products on sales and employment across three key sectors: clothing (including footwear), cosmetics, and toys. Utilizing various models, the study provides estimates that shed light on the impact of counterfeit goods on legitimate industries, revealing the extent to which…
ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS - Subject-matter of the contract. Binding of the cessation order to the infringement found in the judgment. Scope of the rights of reproduction and transformation - Kukuxumusu case
Background: The author of various drawings of characters known as the "Kukuxumusu Universe" had assigned the economic rights over the drawings to the company Kukuxumusu by means of various contracts, whose company brought an action for infringement, as well as other actions, against the author and other persons. The infringement was allegedly committed by the defendants through the marketing of products incorporating the designs on various Katuki Saguyaki websites and social networks. The…
AIPF - Board member and Chair of the Trademark Committee
AIPF annual conference 2023 took place in the city of Boston. During the meeting Dr. Cristina Hernandez-Marti Perez was appointed as a new member of the board and she continues to be Chair of the trademark committee. As Chair of the trademark committee she coordinates and encourages committee members to share articles, share recent developments in their jurisdictions or organize webinars. The next webinar organized by the AIPF trademark committee will take place on January 29, 2024 on “Use of…
Trade secrets. Reasonable measures to keep the information secret.
For the purposes of Law 1/2019 of 20 February 2019 on Trade Secrets (according to Article 1 thereof) "any information or knowledge, including technological, scientific, industrial, commercial, organisational or financial information or knowledge, which meets the following conditions, is considered to be a trade secret: (a) it is secret in the sense that, as a whole or in the precise configuration and assembly of its components, it is not generally known to, or readily accessible by, persons…
Exclusive commercial distribution. Compensation after termination of the contract.
The questions raised in the aforementioned judgement are: the scope of the analogical application of the rules of the Agency Contract Law with regard to the accrual of compensation in favour of the distributor after the termination of the distribution contract and the quantification of said compensation. The Judgment is based on the different nature of the distribution contract from the agency contract, as well as the fact that only the latter contract is regulated by Law 12/1992, of 27 May…
Limitation in concept of acquiescence. Interruption of the limitation period.
Limitation in concept of acquiescence is inexorably caused by the expiry of the five-year period, except where the proprietor of the earlier trade mark requests the invalidity of the later trade mark before the competent judicial or administrative body or in the event of waiver of the request for invalidity as a result of a coexistence agreement with the proprietor of the later trade mark. The judgment of the Court of Justice states the following doctrine: "an act, such as an sending a warning…
Use of third party's trademark to designate products of the trademark owner - Inditex v. Buongiorno
Background: Buongiorno is a provider of information services via the internet and mobile phone network. In 2010, that provider launched an advertising campaign for the subscription of a paid service for the forwarding of multimedia content via SMS which it marketed under the name 'Club Blinko'. Subscription to that service enabled participation in a prize draw, one of the prizes for which was a 'ZARA gift card' worth EUR 1 000. After clicking on the banner to access the prize draw, the…
Provisional measures revoked or expired for failure of the plaintiff. Admissibility of national systems establishing appropiate compensation and the judge's power to determine damages.
Background: On 15 September 2017, Gilead and others brought an action for infringement of the Supplementary Protection Certificate (SPC) at issue in the dispute before the Commercial Court in Finland directed against Mylan. Gilead and Others also filed an application for interim measures against Mylan. Mylan opposed the infringement action and the application for interim measures. On 30 November 2017, it also brought an action for invalidity of the SPC at issue before that court. By decision of…
Trade secrets - The company's privacy policy alone is not a reasonable measure of secrecy protection.
BACKGROUND TO THE DISPUTE Three directors and senior managers of the insurance company WILLIS IBERIA CORREDURÍA DE SEGUROS Y REASEGUROS S.A., dissatisfied with an international integration project, which finally and subsequently could not be carried out due to the impediment of the American competition authority, decided to set up a new insurance brokerage, DEASTERRA PARTNERS S.L. Finally, after leaving their respective posts, they created the company, which attracted numerous employees and…
Device of the outline of a bear – Three dimensional trademark - Distinctive character
BACKGROUND TO THE DISPUTE On February 2009, Tous SL, applied for and registered the following EUTM for goods, inter alia, in class 14, namely jewellery. On May 2017, Apart sp. z o.o. filed an application for a declaration of invalidity of the registered EUTM, on the basis of art. 51.1 a) of Regulation 40/94, read in conjunction with art. 7.1 a), b), d) and e). On November 2019, the Cancellation Division rejected the application for a declaration of invalidity in its entirety. Consequently,…