Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL

Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL: United Nations Commission on International Trade Law .The Working Group IV reviewed the draft provisions on the use and cross-border recognition of identity management and trust services.

Cristina Hernandez Marti joined 2020 AIPPI World Congress

Cristina Hernandez Marti joined 2020 AIPPI World Congress Online which took place 5-14 October. During those days really interesting topics where discussed such as the relationship between designs and copyright or the role of fundamental rights in trademark law. 

The use of work of arts in the field of trademarks. BANKSY Case.

On 7 February 2014, the following figurative EUTM (12575155) was applied before EUIPO:The owner of the mark is Pest Control Office Limited, however, there is no doubt that the mark refers to one of the paintings of the well-known urban art artist BANKSY, graffiti that appears on the wall of the city of Bethlehem.

Acts of unfair competition in online advertising. The value of proof.

On June 30, 2016, the appellant ACRISTALIA S.L. filed a lawsuit against Mr. Gabino and CRISTALIA VIDRIO 2000 S.L., requesting the court to sentence the defendants to cease on the use of the sign and name ACRISTALIA in social networks, as well as in any other media that may lead to confusion among consumers and consequently to withdraw the material in which the violation of the right has materialized and to acknowledge the unfair acts of the defendant.

Cristina Hernandez-Marti participated in AIJA annual congress

Cristina Hernandez-Marti, vicepresident of the Intellectual Property, Technology, Media, and Telecommunications Commission participated in AIJA annual congress that took place in August. During those days we dealt with the topic "DIVERSITY IN SPORTS: FROM SUCCESSFUL CAMPAIGNS TO FAIR PLAY".

Is the reference to the “white” color descriptive for the goods designated by the trademark OFF WHITE?

On October 2017, the applicant OFF-WHITE LLC (hereinafter OFF WHITE), filed an EUTM application for the following figurative sign in Class 3, 9, 14 and 20.

Does the pattern trademark of LOUIS VUITTON have acquired distinctiveness through use? The door remains open

The applicant Louis Vuitton, filed in 2008 an IR designating the EU in Class 18. The mark sought for registration, was a pattern of colors, as the below one:

Copyright in architectural works

The Intellectual Property Act (hereinafter LPI 1996) states that the ownership of the work corresponds to the author, that is to say, to its "creator".  Therefore, the architect-designer acquires the intellectual property rights by the fact of being the author of the work that later takes shape in a building. However, intellectual property does not necessarily cover all the elements of a building, but only those elements that are creative and original and reflect the personality of the author.…

Start ups – confidentiality agreements (NDA)

In several occasions we are determined to undertake. But when starting a new business, there are many issues to consider and as well as many concerns.

XOXO, lack of distinctiveness among the relevant public

In August 2017, the applicant, Global Brand Holdings LLC, filed an application of an EUTM XOXO (word mark) for the following classes 3, 9, 14, 18, 25 and 35. On May 2018, the application was rejected, following the objections raised by the Office since the trademark was considered not distinctive and having a mere promotional and laudatory meaning. It was only allowed to proceed only in Class 35.

Can the shape of the Brompton bike be protected?

The Court states that works whose shape is necessary to achieve a functional technical result may be protected by copyright to the extent that it is original

What can I do if I notice on social networks that products copying my design are being advertised, or products are being offered under my registered trademark?

E-commerce has experienced an enormous increase, which has been accelerated by the current lockdown of practically the entire world.  Following this increase, individuals who promote their products through social networks play an important role. The number of profiles exposing articles for sale through publications, "stories" has also grown exponentially. It is common to find in profiles the possibility of buying clothes, decorative items, illustrations, etc., which regardless of not being…