Limitation in concept of acquiescence. Interruption of the limitation period.

Limitation in concept of acquiescence is inexorably caused by the expiry of the five-year period, except where the proprietor of the earlier trade mark requests the invalidity of the later trade mark before the competent judicial or administrative body or in the event of waiver of the request for invalidity as a result of a coexistence agreement with the proprietor of the later trade mark.

Use of third party’s trademark to designate products of the trademark owner – Inditex v. Buongiorno

Buongiorno is a provider of information services via the internet and mobile phone network. In 2010, that provider launched an advertising campaign for the subscription of a paid service for the forwarding of multimedia content via SMS which it marketed under the name 'Club Blinko'.

Provisional measures revoked or expired for failure of the plaintiff. Admissibility of national systems establishing appropiate compensation and the judge’s power to determine damages.

On 15 September 2017, Gilead and others brought an action for infringement of the Supplementary Protection Certificate (SPC) at issue in the dispute before the Commercial Court in Finland directed against Mylan. Gilead and Others also filed an application for interim measures against Mylan.

Trade secrets – The company’s privacy policy alone is not a reasonable measure of secrecy protection.

Three directors and senior managers of the insurance company WILLIS IBERIA CORREDURÍA DE SEGUROS Y REASEGUROS S.A., dissatisfied with an international integration project, which finally and subsequently could not be carried out due to the impediment of the American competition authority, decided to set up a new insurance brokerage, DEASTERRA PARTNERS S.L.

Device of the outline of a bear – Three dimensional trademark – Distinctive character

On February 2009, Tous SL, applied for and registered the following EUTM for goods, inter alia, in class 14, namely jewellery. On May 2017, Apart sp. z o.o. filed an application for a declaration of invalidity of the registered EUTM, on the basis of art. 51.1 a) of Regulation 40/94, read in conjunction with art. 7.1 a), b), d) and e).

AIPF Annual Meeting

Cristina Hernandez-Marti Perez was appointed during the AIPF Annual Meeting in Boston as a member of the Board of Directors.  She will also continue as Chair  of the Trademark Committee working with attorneys from all over the world and organizing valuable content for AIPF members.

Taschen Totebag Design – Different overall impression

On November 2014, HALFAR System GmbH, applied for and registered the following Community design in respect of ‘bags’. On July 2020, Hotel equipment Schranz GmbH filed an application for a declaration of invalidity of the registered Community design, on the grounds that it lacked of novelty and individual character and, in addition it consisted exclusively of features of appearance of a product which are solely dictated by its technical function.

Batman – Application for declaration of invalidity dismissed – Trademark with distinctive character

On January 2019, Commerciale Italiana Srl, filed an application for declaration of invalidity of the following EU trademark for goods in classes 25 and 28, owned by DC Comics.

Copyright – Communication to the public – Broadcasting of background music on means of transport

Case C-775/21. On March 2019, UCMR - ADA brought an action before the Bucharest Regional Court against the air transport company Blue Air, seeking remuneration still due and penalties for the communication to the public of musical works on board Blue Air’s aircraft without obtaining a licence.

Conguitos – nullity application based on art. 8.5 EUTMR rejected – different goods

On January 2012, Mr. Mariano Esquitino Madrid, filed an application for registration of the following EU trademark for goods in classes 3, 14 and 18. On December 2016, Chocolates Lacasa Internacional, S.A., applied to the EUIPO for invalidity of the said EUTM on the basis of, among others, its EU word mark "Conguitos" registered in class 30.

‘Rolex’ / ‘Representation of a crown’ – No risk of confusion – Different goods and non-proved injury in the sense of art. 8.5 EUTMR

On November 2014, PWT A/S, obtained international registration designating the EU of the following trademark for goods, inter alia, in class 25. On June 2016, Rolex SA, filed a notice of opposition to registration for the contested mark, based on the following earlier EU trademarks, for goods in class 14, inter alia. The Opposition Division upheld the opposition.

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.