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DeutschConcept 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 that fall under the exception provided in the European legislation as the controversial pieces are objects that allow for the multiple assembly or connection of mutually interchangeable products within a modular system. The dispute arose from an action for infringement of a Community design brought by Lego against…
Conflict between trademark and domain name: the case of “mezquitadecordoba.org”
Alhambra Valparaíso Ocio y Cultura S. L. was the owner of the domain name “mezquitadecordoba.org”, which it registered in 2007. This domain corresponded to a website on which the company advertised guided tours of the Mosque of Córdoba, among other tourist activities. Subsequently, The Cathedral Chapter of Córdoba obtained the concession for the word marks ‘Mezquita de Córdoba’ (Mosque of Córdoba). The Chapter also brought arbitration proceedings before the WIPO, which ordered the transfer of…
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 AIPF has announced the appointment of its Officers and Board of Directors, effective September 11th, 2025. The Officers include: President: Carlos Olarte, OlarteMoure, Colombia Vice-President: Blair Barbieri, Hovey Williams, United States Treasurer: Michael Battaglia,…
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. Granados 52 filed a claim against this decision, arguing that there was no risk of confusion. Furthermore, while the claim was being processed,…
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.…
Hernández Martí Abogados at INTA Leadership Meeting 2025
Cristina Hernández-Martí Pérez, Partner at Hernández Martí Abogados, will be attending the International Trademark Association (INTA) Leadership Meeting 2025, taking place from November 18–21 in Hollywood, Florida. As a member of INTA’s Anti-Counterfeiting Committee, Cristina will join leading IP professionals from around the world to exchange insights and discuss global strategies to combat counterfeiting and protect intellectual property rights. The INTA Leadership Meeting brings together the…
Genuine use of a trademark through second-hand sales and authenticity certification: the Ferrari TESTAROSSA case
Ferrari SpA owned the international trademark TESTAROSSA in the European Union for class 12 in relation to vehicles and their accessories. However, the trademark was revoked in its entirety due to lack of use. In response to this decision, Ferrari SpA filed an appeal with the General Court of the EU, requesting the annulment of the contested decision on the grounds that the effective use of the trademark had not been properly assessed. The contested decision stated that Ferrari SpA had not…
Persimon and the Limits of Distinctiveness: Recent Jurisprudence During Kaki Season
In 2017, the company Fresh Direct Spain S.L. launched an advertising campaign in Valencia to promote its khakis under the trademark KAKIESTRELLA (figurative). This advertising campaign consisted of posters on street furniture featuring images of several khakis and a smiling child holding a khaki, accompanied by the phrase ‘New persimmon khaki ready to eat’. Likewise, the khakis supplied by this company were sold in the Corte Inglés supermarket with a label identifying them as ‘Khakis Persimon…
I (love) – lack of distinctiveness - position marks
In May 2022, an EUTM application was filed regarding a position mark consisting of the letter “I” followed by the illustration of a red heart, located on the left side of a piece of clothing. The mark was filed for goods in class 25 in relation to clothing, particularly t-shirts, sweaters and sweatshirts. However, the application was rejected by the examiner, and subsequently by the Board of Appeal, on the grounds that the characterization of the sign applied for as a positional mark did not…
Cristina Hernández Martí Pérez Appointed Vice President of AIJEC
We are pleased to share some exciting news: our managing partner, Cristina Hernández Martí Pérez, has been appointed Vice President of the Association of Young Entrepreneurs of Catalonia (AIJEC). The new board of directors, led by Vicenç Del Mar Mullor, elected during the recent General Assembly, marks the beginning of a renewed phase that aims to make AIJEC more open, digital, intergenerational, and aligned with the realities of today’s young business leaders. Cristina takes on this new role…