The CJEU clarifies the burden of proof in cases of exhaustion of trademark law within the EU.   

In case C-367/21 before the Court of Justice of the European Union (CJEU), the Regional Court of Warsaw, Poland, makes a reference for a preliminary ruling in a dispute between Hewlett Packard Development Company LP (HP) and Senetic S.A., a computer equipment distribution company.


The Right of priority for Community Designs is limited to six months and does not include patent applications

The Court of Justice of the European Union (CJEU) has issued a pivotal decision in the case involving The KaiKai Company Jaeger Wichmann GbR (KaiKai) and the European Union Intellectual Property Office (EUIPO), clarifying the interpretation of the right of priority for the registration of Community designs.


Hernandez Marti Abogados Recognized in WTR 1000

We are proud to announce that Hernandez Marti Abogados has been distinguished in the WTR 1000. This guide is dedicating itself exclusively to trademark practice and identifying the foremost trademark professionals around the globe. The WTR 1000 has become the definitive resource for those seeking exceptional legal trademark expertise.


AIPPI Spring Meeting in Madrid

Hernandez Marti Abogados will be participating in the upcoming AIPPI Spring Meeting scheduled to take place in the vibrant city of Madrid on February 22nd and 23rd, 2024.


INTELLECTUAL PROPERTY. COPYRIGHT LIMITS. THE INNOCUOUS OR FAIR USE OF A PROTECTED WORK. METAVERSE. MANGO CASE

Visual Entidad de Gestión de Artistas Plásticos (VEGAP) files a lawsuit against the company PUNTA FA S.A. for infringement of intellectual property rights.


Grounds for invalidity: sign consisting exclusively of the shape which results from the nature of the goods themselves and of the shape of goods which is necessary to obtain a technical result – LEGO case.

The company BB Services GmbH initiated the nullity proceedings for the three-dimensional trademark. The grounds invoked in the proceedings were Article 7(1)(e)(i) of Regulation (EU) 2017/1001 on the European Union trade mark and Article 7(1)(e)(ii) of the same regulation.


ILLEGITIMATE USE OF THIRD-PARTY TRADE MARK. MANUFACTURER OF AUTOMOBILE SPARE PARTS WHO INSERTS THE TRADE MARK OF THE VEHICLE MANUFACTURER ON THE SPARE PARTS. AUDI CASE

AUDI AG brought an action for trade mark infringement against GQ before the Polish courts, alleging that the defendant inserted the sign consisting of the "four rings", registered as a trade mark of the European Union, owned by AUDI, on its products (radiator grilles) intended for cars manufactured by AUDI, which also enjoyed the status of a well-known trade mark.


Economic impact of counterfeiting in the clothing, cosmetics, and toy sectors in the EU

The report on the economic repercussions of counterfeiting within the clothing, cosmetics, and toy industries in the European Union was released in January 2024.


ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS – Subject-matter of the contract. Binding of the cessation order to the infringement found in the judgment. Scope of the rights of reproduction and transformation – Kukuxumusu case

The author of various drawings of characters known as the "Kukuxumusu Universe" had assigned the economic rights over the drawings to the company Kukuxumusu by means of various contracts, whose company brought an action for infringement, as well as other actions, against the author and other persons.


AIPF – Board member and Chair of the Trademark Committee

AIPF annual conference 2023 took place in the city of Boston. During the meeting Dr. Cristina Hernandez-Marti Perez was appointed as a new member of the board and she continues to be Chair of the trademark committee.


Trade secrets. Reasonable measures to keep the information secret.

For the purposes of Law 1/2019 of 20 February 2019 on Trade Secrets (according to Article 1 thereof) "any information or knowledge, including technological, scientific, industrial, commercial, organisational or financial information or knowledge


Exclusive commercial distribution. Compensation after termination of the contract.

The questions raised in the aforementioned judgement are: the scope of the analogical application of the rules of the Agency Contract Law with regard to the accrual of compensation in favour of the distributor after the termination of the distribution contract and the quantification of said compensation.