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DeutschTelevision 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…
33rd EUIPO User Group meeting
The 33rd EUIPO User Group meeting took place on 17 October 2022 in Alicante. Cristina Hernandez-Marti Perez participated on behalf of ASIPI (Inter-American Association of Intellectual Property). The purpose of the meeting is to exchange views on common subjects of interest. Some of the topics discussed during the day were: support to SMEs, discussion of CJEU and BoA Case Law or the upcoming digital transformations being led by the EUIPO.
"READY4YOU" - Slogan devoid of distinctive character
BACKGROUND TO THE DISPUTE On 11 March (Case T-432/21) and 13 March 2020 (Case T-367/21) the applicant, Sushi&Food Factor sp. z o.o. sp.k, applied to the European Union Intellectual Property Office (EUIPO) for registration of the following figurative signs for the goods and services in Classes 29, 30 and 43: By two decisions of 29 September 2020 (Case T-367/21) and 8 October 2020 (Case T-432/21), the examiner rejected the applications for registration of those marks on the basis of Article…
The shape of Dior's Saddle bag lacks distinctive character for handbags and wallets according to EUIPO’S board of appeal.
BACKGROUND TO THE DISPUTE On 24 March 2021, CHRISTIAN DIOR COUTURE filed for registration of the three-dimensional trade mark at the European Union Intellectual Property Office (EUIPO): By decision of 11 November 2021, the examiner partially refused the application pursuant to Article 7(1)(b) of the EUTMR. The Office argues that the sector in question is characterised by a great variety of shapes, so that the mark applied for will be perceived as one of many, as well as its practical aspect…
Invalidity of a trade mark on the grounds of bad faith. The plaintiff's standing is based on the use of the sign.
The plaintiff, Beheermaatschappij Schuitemaker, B.V., is bringing an action for invalidity, based on art. 51.1.b) Trademark Law 17/2001, of Spanish trademark no. 2884969 "SR SCHUITEMAKER", mixed, for goods in class 7 (agricultural machinery), applied for on 16 July 2009 by the defendant. The plaintiff claims that the said trade mark registration is a bad faith trade mark registration by a distributor who decides to appropriate the sign used by his principal without his due authorisation. It is…