Essential characteristics of three-dimensional marks. STGUE of 30 March 2022. Case T-264/21.

Établissement Amra, is a commercial company which is the proprietor of EU three-dimensional trade mark No 10627917, registered for the goods in Class 28

Non Disclosure Agreements

Confidentiality agreements, Non Disclosure Agreements, commonly known as NDAs, are of great importance in business-to-business relations, as can be seen in the following examples. Service providers (IT, maintenance of facilities and machinery, among others) often have access to confidential information of the company receiving such services (production processes, organisation and facilities, etc.).

The confidentiality duty in the employment contract

Although no one can validly allege ignorance of the law, it is very convenient to include a clause in the employment contract that imposes the specific duty of confidentiality, what this duty implies for the worker, as well as the possible consequences of its infringement, so that in the future it will not be possible to invoke an error in the interpretation and scope of the duty of loyalty established in art. 5 of the Workers' Statute.

Trade Secrets

The business owner often has under his control commercial value information, which he protects by means of secrecy. Examples of such information are chemical formulas, manufacturing and organisational processes, product information or financial information.

No unfair advantage was found to have been taken. LA TIENDA DEL LOTERO

SOCIEDAD ESTATAL LOTERÍAS Y APUESTAS DEL ESTADO, S.M.E, S.A, the plaintiff, is the proprietor of a series of national and European trade marks consisting of "LOTERÍAS", "ADMINISTRACIÓN DE LOTERIA" and "LOTERÍAS Y APUESTAS DEL ESTADO".

Trademark infringement. Internet advertising system by referencing (Adwords).

Grupo Ilusión de Ortodoncistas, S.L. brought a number of actions against Laboratorio Lucas Nicolás, S.L., owner of the website, based on infringement of the trademark "Clínicas Ortodoncis". The defendant used the applicant's trade mark as an adword to redirect to a result advertising the defendant's franchise network of dental clinics, preceded by the applicant's own trade mark. The services offered by the defendant on its website (Vitaldent) to which the…

PHILIP MORRIS engaged in acts of unlawful advertising of the IQOS device and HEETS tobacco falling within Article 18 Unfair Competition Act.

The present case arises out of the lawsuit brought by ALTADIS, S.A. ("ALTADIS") against PHILIP MORRIS SPAIN, S.L. ("PHILIP MORRIS"), exercising the declaratory action for unfairness and the actions for cessation, prohibition of future repetition and rectification provided for in article 32 LCD.

Design invalidity proceedings: Disclosure of prior design and lack of individual character.

Fabryki Mebli "Forte" S.A., the applicant, on 17 September 2013, applied to the EUIPO for the following Community design, which was granted on 21 November 2013.

The television format of “El Rosco” is not protected as intellectual property as neither originality nor authorship has been proven.

The commercial company "MC&F BROADCASTING PRODUCTION AND DISTRIBUTION, C.V.", is a company specialised in the design, production and marketing of television formats, according to the defendant, the creator of the television test known in Spain as "EL ROSCO", which has traditionally been included in the television programme "PASAPALABRA".

The relevant non-English speaking public does not recognise the geographical reference “Kerry” as a geographical indication of the origin of the product. Likelihood of trade mark confusion. KERRY v. KERRY:

Ornua Co-operative Ltd (hereinafter 'Ornua') is an Irish company which, since 1961, has been engaged in the production and export of Class 29 goods (dairy products), in particular butter, under various trade marks, including 'Kerrygold'. 

Industrial design. Damages prior to rei vindicatio proceedings

BATH COLLECTION SL, as plaintiff, filed a statement of claim against BATHFORTE SL AND OTHERS, defendant, in which the main actions for claiming registration of the industrial design and infringement of the same, and subsidiary actions for unfair competition, were deducted.

Word element of a figurative mark is not decisive in determining whether there is a likelihood of confusion if that element is descriptive. Escuela de doblaje de Asturias.

The plaintiff, bringing actions for infringement of trade mark rights under Article 41 of Law 17/2001, of 7 December 2001, on Trade Marks ("LM"), and actions arising from unfair competition for committing acts of obstruction and acts subsumable under Articles 6 and 12 of Law 3/1991, of 10 January 1991, on Unfair Competition.