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DeutschDetermination of damages for patent infringement by calculating the profits obtained by the infringer.
The particularity of the case examined by the judgment is the fact that the patented product was not commercialised by the infringer as such, but as part of a composite product. On the other hand, the plaintiff did market both the product protected by the patent and composite products incorporating the patented product. The injured party wanted the calculation of the compensation to be made on the basis of the products he traded (retail price of the patented product and retail price of…
Contributory infringement of intellectual property rights. Action other than the lifting of the veil of personality.
The direct economic interest in the results of the infringing behaviour and the ability to control the behaviour of the infringer is one of the three cases of liability for contributory infringement of intellectual property rights, as provided in the second paragraph of article 138 of the Intellectual Property Law. Carlos Daniel is the owner of the Spanish trademark including the denomination "Rojadirecta", for telecommunication services (class 38). The trademark was filed on July 9, 2010 and…
The sign formed by the words "body" and "tone" is not descriptive to distinguish bicycles. Non-existence of a cause of nullity. Compensation for damages.
The plaintiff is the owner of trademark 2857285, "Bodytone", word mark, applied for on 19/12/2008 and granted on 04/06/2009 to designate gymnastics and sport articles, among others, included in classes 28 and 35. Files a trademark infringement and indemnification of damages action alleging that the Respondent sold spinning bicycles through its website, offered under the name "BODYTONE EVOLUTION". The defendant in its answer to the claim referred to the English language term "body tone". This…
Barcelona – injunctive reliefs - NFT's
BACKGROUND TO THE DISPUTE On July 29th 2022, VISUAL ENTIDAD DE GESTIÓN DE ARTISTAS PLÁSTICOS, filed several actions, requesting that it be declared that the defendant, Grupo Mango, was infringing the economic and moral rights that Mr. Agustín, Mr. Alejo and Mr. Alfredo hold over five works, that were being used by the defendant without their consent or authorization, and that it be ordered to cease such use, with the corresponding compensation, and to publish the judgment. On the claim, the…
Television format El Rosco. Intellectual property. Subjective liability of the infringer.
The judgement of the Barcelona Provincial Court overturns the judgement handed down at First Instance (see Review) and, upholding MC&F's claim, recognises its ownership of the rights over the "21x100" test for a television quiz show, now known as "El Rosco", and that these rights are protected by intellectual property law. The lawsuit exclusively concerns the ownership of the copyright over the "21x100" (El Rosco) quiz for a television quiz show which is currently part of the television…
'DEVICE OF A BANSKY’S MONKEY' – Valid trade mark – Nonappreciation of bad faith
BACKGROUND TO THE DISPUTE On November 2018, Pest Control Office Limited (‘Pest Control’), filed an application for registration of a figurative EU trade mark for goods in classes 9, 16, 25, 28 and 41. The application was published on March and registered on June of the following year. On November 2019, the company Full Colour Black Limited (‘Full Colour Black’), requested for a declaration of invalidity of Pest Control’s registered mark, grounded in art. 59.1 a) in connection with arts. 7.1 b),…
NFTs Trademark protection
Faced with a high demand for applications including terms related to virtual goods and non-fungible tokens and in order to avoid increasing legal uncertainty, the European Union Intellectual Property Office (EUIPO) has published guidelines showing the approach taken by the Office for the classification of virtual goods. The Office has determined that virtual goods fall within Class 9 because NFTs are treated as unique digital certificates recorded on a blockchain, which authenticate digital…
'LALIGA HEAD SOCCER' - Trade mark invalidity on bad faith
BACKGROUND TO THE DISPUTE D&D DREAM CORP ('DREAM') launched a digital game called 'HEAD SOCCER' in 2012. For its part, LA LIGA NACIONAL DE FUTBOL PRFESIONAL (hereinafter LALIGA), applied on October de 9th of 2017 for registration to the OEPM of the figurative mark "LA LIGA HEAD SOCCER", for goods in class 9, including "computer game software for use on mobile phones and mobile phones". Trade mark Nº 3 686 122 was granted in the absence of opposition. On October 23rd of the same year, DREAM…
VIVA MODEL MANAGEMENT - Trademark infringement
BACKGROUND TO THE DISPUTE The entity dedicated to the modeling industry, VIVA MODEL MANAGEMENT, is the owner of the International Trademark with effects in Spain nº 0905203 "VIVA MODEL MANAGEMENT" for classes 35 and 41. For its part, the company AZUVIL LINGERIE S.L., dedicated to the business of escort services, began to use the sign "VIVA MODEL", to identify itself in the traffic of its market and, in addition to that, adopted the domain names www.vivamodel.com and www.vivamodel.es. In…
The display of an image on the Internet (Rihanna Instagram post) is considered a design disclosure - PUMA case
BACKGROUND TO THE DISPUTE PUMA SE is the holder of registered Community Design No. 3 320 555-0002 with a filing date of 26 July 2016. Priority was claimed for US design patent application No. 29/572,153 filed on 25 July 2016; the indication of goods is for "shoes". The drawing is represented in the following views On 22 July 2019, Handelsmaatschappij J. Van Hilst B. V. filed an application for a declaration of invalidity of the contested Community design based on Article 25(1)(b) CDR in…