The scope of protection of the right to honour, privacy and personal image in audiovisual works inspired by real events

Atresmedia, Bambú y Netflix produjeron y emitieron una serie de televisión llamada “Fariña”, inspirada en los hechos relativos al contrabando de tabaco y a la introducción de droga en las costas gallegas en los años 80.


The distinctiveness of numerical trademarks – Inditex

INDITEX filed an application with the Spanish Patent and Trademark Office (SPTO) to register a figurative trademark consisting of the following numerical sequence: 26 1 18 1.


The Copyright protection of utilitarian objects

The Court of Justice has ruled on two requests for preliminary rulings from courts in Sweden and Germany regarding the criteria utilitarian objects must fulfill in order to be eligible for copyright protection.


The assessment of distinctiveness in perfumery and cosmetic products- Parfums Christian Dior

On 4 September 2024, Parfums Christian Dior filed a three-dimensional trademark application, with the EUIPO, to designate cosmetic, perfumery and make-up products in Class 3.


Distinctiveness and Lexicalization of a Well-Known Trademark: The DONUT Case before the Supreme Court

Bakery Donuts Iberia S.A.U. is the owner of the well-known Spanish trademarks ‘DONUT’ and ‘DONUTS’, which designate bakery products included in class 30 of the nomenclature. However, the company Atlanta Restauración Temática S.L. marketed, through its website, doughnuts under the brand name ‘REDONDOUGHTS’ which were identified as ‘donuts’ in the product description. 


Pictorial Co-Authorship and Originality in the Execution Phase: Judicial Recognition of the Executor’s Creative Contribution

In the present case, an artist sued the owner of an art studio in order to have her authorship or alternatively her co-authorship, of 221 pictorial artworks recognised.


Rejection of bimbo’s three-dimensional trademark: lack of distinctiveness and non-application of the principle of registration continuity

Grupo Bimbo S.A.B, de C.V took legal action against the decision of the Spanish Patent and Trademark Office (SPTO) dismissing the appeal against the refusal of the three-dimensional trademark application M4153054 for flour or corn tortillas.


Concept of informed users and protection of modular systems. Community design. LEGO case.

The Hungarian Court of Justice has referred several questions to the European Court of Justice for a preliminary ruling on the scope of protection of Community designs


Conflict between trademark and domain name: the case of “mezquitadecordoba.org”

Alhambra Valparaíso Ocio y Cultura S. L. era la titular del nombre de dominio «mezquitadecordoba.org», que registró en 2007.


Cristina Hernández-Martí Pérez – AIPF Board Member

HERNÁNDEZ MARTÍ ABOGADOS is proud to announce that our partner, Cristina Hernández Martí Pérez, has been appointed to the Board of Directors of the Association of Intellectual Property Firms (AIPF) for the 2025–2026 year.


The supervening revocation of the opponent’s trademark removes the likelihood of confusion

Granados 52 Inversiones S.L. applied to register the trademark WILD CARNAL STEAK HOUSE. But the company Pizza Market S.L., as the owner of the earlier trademark CARNAL, objected to the application, getting the Spanish Patent and Trademark Office (SPTO) to refuse the registration because there was a risk of confusion between the two trademarks.


Recognition of the Distinctive Character of Short Sound Marks: The Berliner Verkehrsbetriebe (BVG) Case Before the General Court

On 15 March 2023, Berliner Verkehrsbetriebe (BVG) filed a trademark application in respect of a sound sign consisting of a short melody, to cover services in class 39 regarding transports. However, the application was rejected on the grounds that the melody lacked distinctiveness because it was too short and banal, as it did not have resonance or ability to be recognised by consumers as an indication of the commercial origin of the services which it covered.