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DeutschAIPPI 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…
Economic 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…