Misleading brands and the Cava Appellation of Origin. Newcase-law doctrine.

On 22 December 2016, DEEPSEACAVA was filed as a Spanish trademark application for sparkling wines under the denomination of origin cava. The Cava Regulatory Board filed an opposition against this application which was rejected by the OEPM. This decision was Appealed before the High Court of Justice in Madid, and entirely upheld by this Court. The Court agreed to reject the subject application on the grounds that it had not been authorized by said entity and therefore it may deceive the average…

The monopoly of the X-sign. There is no trademark infringement when well-known trademarks add it.

Munich S.L. is the owner of several national trade marks, which contain an X or a blade as a main element. This entity filed a lawsuit against J. Ballvé Sports SL based on trademark and design infringement including as well unfair competition actions.

The prohibition of the shape or appearance of the product under the scope of a Protected Designation of Origin. The average consumer and the relevance of the element. Morbier Case.

The Société Fromagère du Livradois SAS, manufactured "Morbier" cheese without mentioning the Protected Designation of Origin (PDO) until 11 July 2017. It was then replaced by the name "Montboissié du Haut Livradois".

Season’s Greetings 2020

We wish you a happy holiday and a happy, healthy and prosperous new year.

Bad faith and third parties’ knowledge of the applied trademark.

The entity Sedes Holding Anonim Sirketi Türkiye Cumhuriyeti filed a lawsuit against the entities Gratis Shops Spain S.L., Rosa Crema S.L., Blanco Limón S.L., and Ezequias (hereinafter the defendants), requesting, among other claims, the declaration of the existence of bad faith when filing a trademark application, the nullity of the trademark at stake and the recognition of acts of unfair competition based on the following facts.

Derivative works and the consent of the author of the original work LA REINA DE ESPAÑA.

On January 24, 2017, a lawsuit was filed by Mr. Carlos López García and Mr. Manuel Ángel Egea Martínez against Mr. Fernando Rodríguez Trueba, requesting the plaintiffs to be declared the authors of the original work LA NIÑA DE TUS OJOS, the existence of intellectual property rights infringement (the unlawful transformation of the pre-existing work through the production of the film) and the defendant to be ordered to pay compensation for the damages caused.

Code of conduct on the use of influencers in advertising

Recently, the Code of Conduct on the use of Influencers in advertising was published by the Spanish Association of Advertisers (AEA) and the Association for the Self-regulation of Commercial Communication (AUTOCONTROL), within the framework of the Protocol signed with the Ministry of Economic Affairs and Digital Transformation and the Ministry of Consumer Affairs (2020).

Designs. The judge as an “informed user”. Judge’s assessment on the similarity of the designs in dispute.

Electrodomésticos Jata S.A., filed an ordinary lawsuit against Electrodomésticos Taurus S.L, in which it requested a ruling which, among other things, "declares that the manufacture and/or marketing and/or use by the defendant Electrodomésticos Taurus, S.L. of the GALEXIA ELEGANCE roasting griddle infringes the exclusive rights held by the plaintiff, arising from its Registered Community Design number 000876.065-001, and condemns the defendant to the immediate cease of such acts and to the…

The imitation of services and initiatives as an act of unfair competition. Competitive uniqueness.

The Judgement of the Regional Court of Girona of July 27, 2020 prosecutes some facts that according to the plaintiff constitute illegal conduct under the provisions of Articles 4, 6, 11.2 and 12 LCD. Such acts, in essence, consisted of the manufacture and distribution by the defendants of bird cages, of the same color as those manufactured by the plaintiff and interchangeable with the latter. In this review we focus on the unfair conduct provided for in Article 11.2 LCD.

The burden of proof in copyright litigation in musical works managed by collecting societies or under “Creative Commons” and “Copy left” licenses.

On 9 December 2019, an appeal was filed against the judgment of the Girona Commercial Court, which upheld the lawsuit filed by the General Society of Authors and Publishers (hereinafter the SGAE), the Association for the Management of Intellectual Rights (AGEDI) and the Artists, Performers and Executors Management Society of Spain (AIE). The ruling condemned the appellant, as the owner of the premises "Bar Inagua" to pay an amount of 4793, 78 euros for copyright, as a result of the reproduction…

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.