Español
DeutschPreliminary Injunctions and Trademark Rights over “Houdini”: Limits to the Protection of Signs Linked to Public-Domain Characters
This order rules on the admissibility of the injunctive relief granted at the request of Houdini Heritage KFT, aimed at protecting the rights arising from its ‘Houdini’ trademark registration. The previous order required the defendants, Letsgo Entertainment S.L., Circus Espectacular S.L. and Beon Entertainment S.L., to cease using the name “Houdini” and similar names in their musical and advertising activities. The defendants filed an opposition to the injunctive relief, arguing that the…
Trademark Protection of Three-Dimensional Packaging in the Cosmetics Sector: The Case of the Aloe Vera Leaf Shape of the Holika Holika Brand
Enprani Co. Ltd, a cosmetic manufacturer and retailer that markets a range of products under the Holika Holika brand. The products’ main ingredient is aloe vera. These products are sold in packaging shaped like an aloe leaf. Furthermore, such packaging is registered under three European trademarks for class 3. To defend its trademarks, Enprani has taken legal action against Aquarius Cosmetics SL for trademark infringement and unfair competition. The defendant, which manufactures and…
Hernández Martí Abogados attends the 6th IP Case Law Conference organised by the EUIPO in Alicante
Hernández Martí Abogados attended the 6th IP Case Law Conference organised by the European Union Intellectual Property Office, held in Alicante on 21 and 22 May 2026. The conference brought together members of the General Court of the European Union, the Boards of Appeal of the EUIPO, representatives of national and international IP offices, in-house counsel and intellectual property practitioners from across Europe and beyond. Throughout the two-day programme, participants discussed some of…
Footwear and community designs: can customising existing designs provide protection? The CJEU clarifies the requirements of novelty and individual character
In the present case, the Court of Justice is ruling on a reference for a preliminary ruling arising from a dispute between various companies whose business consists of the sale of footwear. Deity Shoes is a company that holds several Community designs relating to footwear. Its designs are created using catalogues from third trading companies which, based on lists of predefined elements, allow for the customisation of various components of the footwear (colour, material, buckles, laces, etc.).…
The scope of coexistence agreements and the limits of the ius prohibendi in relation to patronymic trade marks: the “RONCATO” case
In 1996, the Roncato brothers divided control of their companies, which were primarily engaged in the manufacture and sale of suitcases. To this end, they reached an agreement in which they undertook not to cause confusion regarding the products and trademarks marketed under the common name ‘Roncato’. However, the company VALIGERIA RONCATO S.P.A.,(hereinafter VALIGERIA), owned by one of the brothers, brought an infringement action against the other brother’s company, BAULIFICIO ITALIANO…
The limits of place names in trade mark law: the Valcavada case
Since 2005, Grupo Solar de Samaniego S.L. has been the proprietor of the Spanish word mark “Valcavada” for alcoholic beverages in Class 33. Under this mark, Samaniego produces and distributes red wine from its winery in Laguardia (Álava), which has received various international accolades. Meanwhile, Bodegas Herederos de Perfecto Martínez S.L. has been the proprietor since 2016 of the Spanish word mark “1808 Temperamento natural Valcavada singular vineyard”, intended for alcoholic beverages…
Bad faith in trade mark registration following the transfer of a business: the “Casa Cambó” case
Grand Hotel Central Barcelona S.L. acquired, through a sale and purchase agreement with UNICO Hospitality Group S.L., the building commonly known as Casa Cambó, situated in Barcelona, as well as the hotel business housed within it. Furthermore, the parties signed a management agreement under which UNICO would provide management services for the hotel located within that building. However, following the signing of the sale and purchase agreement, UNICO registered the European Union trade mark…
Deceptive trademarks and historical evocation in the luxury sector: analysis of the Fauré Le Page case
The French company Maison Fauré Le Page had been engaged in the purchase and sale of weapons, ammunition and leather accessories since 1716, until its dissolution in 1992. The company’s assets and liabilities were transferred in their entirety to Saillard. Subsequently, the company Fauré Le Page Paris, founded in 2009, acquired the French trademark “Fauré Le Page” from Saillard. In 2011, Fauré Le Page Paris registered two French trademarks bearing the designation “Fauré Le Page Paris 1717” for…
The General Court confirms that the disclosure of earlier designs must be substantiated in the invalidity application.
On 5 September 2022, LTV Leuchten & Lampen Vertriebs GmbH (hereinafter LTV) filed an application for invalidity against a design registered in the European Union in the “Lamps” category .The application was based on the lack of novelty and individual character of the contested design in relation to other earlier unregistered designs. In order to prove the disclosure of these earlier designs, LTV requested the Cancellation Division to question its representative and several witnesses, obtain…
Loss of prior rights during opposition proceedings
The present dispute arises from the filing of a European Union trade mark application on 30 June 2015, consisting of the representation of a monkey. Following the publication of the application, the company Nowhere filed an opposition on 8 March 2016 against all the goods and services applied for.The opposition was based on three earlier unregistered trade marks consisting of a graphic representation of a monkey, which had been used in the course of trade in the United Kingdom. During the…