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DeutschClothing items under the copyright protection regime: the importance of the aesthetic element.
Background of the case. The entites Cofemel and G-Star both are in the design business, the manufacturing and trade of clothes. Both are designing jeans, jumpers and shirts. In august 2013, G-Star filed a lawsuit based on intellectual property right´s infringement and unfair competition acts before the Portuguese Courts. G-Star argued that the items they produce (jeans, shirts, jumpers) should be considered as intellectual creations sufficiently original and thus they are granted protection…
Prior right not registered - evidence of use of more than mere local significance (article 8.4 of the Regulation 2017/1001)
Background of the case The appellant, SWEMAC Innovation AB, filed an EUTM application on October 2, 2007, for the word mark SWEMAC in Class 10 and 42. The trademark was duly registered on September 4, 2003. On September 3, 2013, SWEMAC Medical Appliances AB filed a partial nullity action pursuant to Article 60.1, c) of Regulation 2017/1001. The claim was relied on the Swedish company name SWEMAC Medical Appliances AB, registered as a business as from December 12, 2007. The applicant argued that…
Café del mar - nullity based on bad faith.
Background of the case In 1978, the appellant and the interveners in the current legal proceedings, obtained a premise in Ibiza as to start a business (bar) in this same place named “Café del Mar”. In 1992, the intervener applied for the trademark registration for the first time Café del Mar. Afterwards, both parties created the legal entity and the intervener was named as Proxy-Holder as to act in the name and in representation of the legal entity. Among others, in 1999 he applied for an EUTM…
The loss of profit calculation in Copyright (databases) and trademark infringement when deleting the pictures watermark
Judgement of the Appeal Court of Barcelona. Civil Court. Legal background The claimant entity, Schibsted (a web portal aimed to the creation, management and exploitation of websites publishing advertisements, and in particular, the website Coches.net), filed a lawsuit against the entity Autodescuento because of copyright and trademark infringement and unfair competition acts. The Commercial Court nº 8 of Barcelona, ruled Judgement of 30 October 2017, considering all the claims stated in the…