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

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.


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.


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


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.


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.


Use of third party’s trademark to designate products of the trademark owner – Inditex v. Buongiorno

Buongiorno is a provider of information services via the internet and mobile phone network. In 2010, that provider launched an advertising campaign for the subscription of a paid service for the forwarding of multimedia content via SMS which it marketed under the name 'Club Blinko'.


Provisional measures revoked or expired for failure of the plaintiff. Admissibility of national systems establishing appropiate compensation and the judge’s power to determine damages.

On 15 September 2017, Gilead and others brought an action for infringement of the Supplementary Protection Certificate (SPC) at issue in the dispute before the Commercial Court in Finland directed against Mylan. Gilead and Others also filed an application for interim measures against Mylan.


Trade secrets – The company’s privacy policy alone is not a reasonable measure of secrecy protection.

Three directors and senior managers of the insurance company WILLIS IBERIA CORREDURÍA DE SEGUROS Y REASEGUROS S.A., dissatisfied with an international integration project, which finally and subsequently could not be carried out due to the impediment of the American competition authority, decided to set up a new insurance brokerage, DEASTERRA PARTNERS S.L.


Device of the outline of a bear – Three dimensional trademark – Distinctive character

On February 2009, Tous SL, applied for and registered the following EUTM for goods, inter alia, in class 14, namely jewellery. On May 2017, Apart sp. z o.o. filed an application for a declaration of invalidity of the registered EUTM, on the basis of art. 51.1 a) of Regulation 40/94, read in conjunction with art. 7.1 a), b), d) and e).


AIPF Annual Meeting

Cristina Hernandez-Marti Perez was appointed during the AIPF Annual Meeting in Boston as a member of the Board of Directors.  She will also continue as Chair  of the Trademark Committee working with attorneys from all over the world and organizing valuable content for AIPF members.


Taschen Totebag Design – Different overall impression

On November 2014, HALFAR System GmbH, applied for and registered the following Community design in respect of ‘bags’. On July 2020, Hotel equipment Schranz GmbH filed an application for a declaration of invalidity of the registered Community design, on the grounds that it lacked of novelty and individual character and, in addition it consisted exclusively of features of appearance of a product which are solely dictated by its technical function.


Batman – Application for declaration of invalidity dismissed – Trademark with distinctive character

On January 2019, Commerciale Italiana Srl, filed an application for declaration of invalidity of the following EU trademark for goods in classes 25 and 28, owned by DC Comics.