The consideration of bad faith in imposing the costs of the proceedings. Industrial designs invalidity proceedings. Desigual case.

In January 2015 it was found that in the defendant ´s premises, the company SARA BAG SL, was selling bags reproducing prints from DESIGUAL products which are protected under intellectual and industrial property rights. Subsequently, a criminal complaint was filed and the infringing goods were seized following Preliminary Proceedings in the Instruction Court 4 of Fuenlabrada.

Are the heirs of Antonio Gaudi entitled to claim as prior rights the name, surname and image of the latter? The Trademark Act 17/2001 applied by the EUIPO Board of Appeal

On 24 March 2016, Gaudí BCN Projects S.L. fileD the following EUTM:In order to distinguish services in class 35 and class 42.Filing, the Junta Constructora del Temple Expiatori de la Sagrada Familia, an application for invalidity, on 26 November 2018 based on the following earlier rights: Spanish Trade Mark ANTONI GAUDI; Spanish Trademark  European Union trade mark MUSEU GAUDI, Right to the name ANTONI GAUDI and Right to the image ANTONI GAUDI.

Principle of specialty and scope of protection of trademarks with reputation. The Puma Case

On 1 June 2017 CAMäleon Produktionsautomatisierung GmbH filed an application for the registration of an EU trade mark for the word sign PUMA-System in Classes 7, 9, 16 and 42.

The use of a generic term in a domain name. Trademark infringement or acts of unfair competition. TAXI PALAMOS

On 7 November 2019, the plaintiff filed a lawsuit based on a trademark infringement action as well as unfair competition acts. Hereinafter, and as a response to the lawsuit, the defendant opposed in its entirety to all the claims and in addition, filed a counterclaim requesting the nullity of the trademark based on bat faith.

Ranking WTR 1000

World Trademark Review has appointed Cristina Hernández Martí as recommended individual for trademark enforcement and litigation in Spain.

Trade marks and freedom of expression in US and EU law

Cristina Hernandez-Marti Perez has recently published an article in European Intellectual Property Review in relation to trademarks and freedom of expression. This article compares the regulatory framework under US and European trade mark law in relation to the absolute prohibition grounds of registration that are contrary to the public order or morality.

The descriptive character of the Trademark EL CLASICO

On February 17, 2017, the National Professional Football League filed an application for the following International Trademark with the EUIPO for Class 41.

Decision following sanction procedure by the Spanish Data Protection Agency (AEPD)

On May 9, 2019, a complaint was filed before the AEPD (Spanish Agency of Data Protection), claiming that the respondent sent emails (with and advertising content) without blind copy, disclosing the email accounts of all of them.

The threshold of subcategories in proving genuine use. The SYRENA case.

On 6 July 2010, Mr Arkadiusz Kaminski filed an EUTM application, seeking for the registration the word sign SYRENA for the goods in Class 9, 12 and 28. On 2016, Polfarmex filed an application for revocation against all the goods covered by the referred trademark.

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".