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DeutschUnfair competition. Publication of the decision. Grounds of the action.
Unfair competition. Publication of the decision. Grounds of the action. In this case, the plaintiff and one of the co-defendants are engaged in the production, distribution and supply of medical devices intended for patients with certain pathologies, while the other co-defendant (a FOUNDATION) is an institution providing assistance to the aforementioned patients. This free care activity depends on the financial contributions of the other co-defendant, as it is the most important source of…
Design. Visibility in normal use of a complex product.
The design registered at the German Patent and Trade Mark Office had as its only graphic representation the drawing showing the underside of a bicycle saddle. The German Supreme Court referred the following questions to the Court of Justice for a preliminary ruling: (1) Is a component incorporating a design already 'visible' within the meaning of Article 3(3) of the Directive (98/71) if it is objectively possible to recognise the design when the component is mounted or is visibility essential…
HERNANDEZ MARTI attended MARQUES Spring meeting
HERNANDEZ MARTI attended MARQUES Spring meeting which took place March 2-3 in Frankfurt. The perfect occasion to continue working on the teams activities, to hear what other groups are looking into and discuss what is new in EUIPO during a workshop.
XXXVIII AIPPI Spanish Group Study Days on Intellectual Property
HERNANDEZ MARTI ABOGADOS was present at the XXXVIII AIPPI Spanish Group Study Days on Intellectual Property which took place on 16 and 17 February in Madrid. During these conferences, current issues such as administrative nullities and lapses or the susceptibility of the protection of creations made by artificial intelligence were discussed.
Hernandez Marti Abogados recognized by WTR 1000 - Enforcement & Litigation
“Hernandez Marti Abogados has a great trajectory in the Spanish IP market and is recognised for its customer-oriented service, innovative and practical problem-solving skills, and clear and concise communication.” “It efficiently handles global IP portfolios, defends brand owners in contentious situations, and serves as a resource for anyone looking to position themselves in the European market. It offers sounds guidance from the very start and produces extraordinary results.” Setting the tone…
Trademark invalidity and cancellation proceedings before the SPTO
Since January 14 2023, the Spanish Patent and Trademark Office (SPTO) has been the competent administrative body to hear applications for nullity and cancellation of trademarks, without prejudice to the fact that its decisions may be reviewed by the civil courts (Commercial Courts and higher courts). The attribution of jurisdiction therefore extends to trade marks and trade names. Invalidity can be based either on the grounds that the distinctive sign is subject to an absolute legal prohibition…
LOUBOUTIN V. AMAZON - products bearing a sign infringing a third party's right, offered on an online marketplace in which the operator itself participates. Assessment of a link between the operator's services and the sign in question.
The District Court of Luxembourg and the Tribunal des entreprises francophones de Bruxelles, Belgium (joined cases), in the respective proceedings in which LOUBOUTIN is bringing actions against AMAZON for trade mark infringement, referred a number of preliminary questions to the Court of Justice, which may be summarised as follows: whether Article 9(2)(a) of Regulation 2017/1001 must be interpreted as meaning that the operator of an online sales website which, in addition to its own sales…
Inadmissibility of trademark actions for infringing conduct prior to the time when the plaintiff obtained ownership of the trademark by virtue of a revindicatory action.
The plaintiff brings an action for trademark infringement committed by the defendant prior to the date on which the defendant obtained ownership of the trademark by virtue of a revindicatory action. The questions raised by this judgment: a) Whether the upholding of a trademark revindicatory action allows the new owner to bring an action for trademark infringement against the licensee who used the sign during the period prior to the judgment declaring the claimant's ownership of the mark. b)…
'NEHERA’– Non-appreciation of bad faith – reputation is not proven at the time of application
BACKGROUND TO THE DISPUTE On May 2013, Mr. Ladislav Zdút filed an application for registration of the following EU trade mark for goods in classes 18, 24 and 25. On June 2019, Ms. Isabel Nehera, Mr. Jean-Henri Nehera and Ms. Natacha Sehnal, filed an application for a declaration of invalidity against the contested mark, pursuant to art. 59.1 b) of Regulation 2017/1001 (hereinafter EUTMR), claiming the bad faith of Mr. Ladislav when knowing their grandfather’s identical named business for…
Utility model. Interpretation of the object of protection.
Art. 69.1 EPC (EPC 2000) establishes that: "The scope of protection granted by the European patent or the European patent application shall be determined by the claims. However, the description and drawings shall serve to interpret the claims". Article 1 of the Interpretative Protocol of the aforementioned provision states: " Article 69 should not be interpreted as meaning that the extent of the protection conferred by a European patent is to be understood as that defined by the strict, literal…