Unfair competition. Publication of the decision. Grounds of the action.

Unfair competition. Publication of the decision. Grounds of the action.In this case, the plaintiff and one of the co-defendants are engaged in the production, distribution and supply of medical devices intended for patients with certain pathologies, while the other co-defendant (a FOUNDATION) is an institution providing assistance to the aforementioned patients.

Design. Visibility in normal use of a complex product.

The design registered at the German Patent and Trade Mark Office had as its only graphic representation the drawing showing the underside of a bicycle saddle.

HERNANDEZ MARTI attended MARQUES Spring meeting

The perfect occasion to continue working on the teams activities, to hear what other groups are looking into and discuss what is new in EUIPO during a workshop.

XXXVIII AIPPI Spanish Group Study Days on Intellectual Property

During these conferences, current issues such as administrative nullities and lapses or the susceptibility of the protection of creations made by artificial intelligence were discussed.

Hernandez Marti Abogados recognized by WTR 1000 – Enforcement & Litigation

“Hernandez Marti Abogados has a great trajectory in the Spanish IP market and is recognised for its customer-oriented service, innovative and practical problem-solving skills, and clear and concise communication.” “It efficiently handles global IP portfolios, defends brand owners in contentious situations, and serves as a resource for anyone looking to position themselves in the European market. It offers sounds guidance from the very start and produces extraordinary results.” Setting the tone…

Trademark invalidity and cancellation proceedings before the SPTO

Since January 14 2023, the Spanish Patent and Trademark Office (SPTO) has been the competent administrative body to hear applications for nullity and cancellation of trademarks, without prejudice to the fact that its decisions may be reviewed by the civil courts (Commercial Courts and higher courts).

LOUBOUTIN V. AMAZON – products bearing a sign infringing a third party’s right, offered on an online marketplace in which the operator itself participates. Assessment of a link between the operator’s services and the sign in question.

The District Court of Luxembourg and the Tribunal des entreprises francophones de Bruxelles, Belgium (joined cases), in the respective proceedings in which LOUBOUTIN is bringing actions against AMAZON for trade mark infringement, referred a number of preliminary questions to the Court of Justice

Inadmissibility of trademark actions for infringing conduct prior to the time when the plaintiff obtained ownership of the trademark by virtue of a revindicatory action.

El demandante ejercita una acción por infracción marcaria cometida por el demandado en periodo anterior a la fecha en que aquel fue titular de la marca en virtud de una acción reivindicatoria.

’NEHERA’– Non-appreciation of bad faith – reputation is not proven at the time of application

On May 2013, Mr. Ladislav Zdút filed an application for registration of the following EU trade mark for goods in classes 18, 24 and 25. On June 2019, Ms. Isabel Nehera, Mr. Jean-Henri Nehera and Ms. Natacha Sehnal, filed an application for a declaration of invalidity against the contested mark, pursuant to art.  59.1 b) of Regulation 2017/1001 (hereinafter EUTMR), claiming the bad faith of Mr. Ladislav when knowing their grandfather’s identical named business for clothing and accessories used…

Utility model. Interpretation of the object of protection.

Art. 69.1 EPC (EPC 2000) establishes that: "The scope of protection granted by the European patent or the European patent application shall be determined by the claims.

Determination of damages for patent infringement by calculating the profits obtained by the infringer.

The particularity of the case examined by the judgment is the fact that the patented product was not commercialised by the infringer as such, but as part of a composite product.

Contributory infringement of intellectual property rights. Action other than the lifting of the veil of personality.

The direct economic interest in the results of the infringing behaviour and the ability to control the behaviour of the infringer is one of the three cases of liability for contributory infringement of intellectual property rights, as provided in the second paragraph of article 138 of the Intellectual Property Law.