Design. The judge according to the "informed user". Judge's assessment on the similarity of the designs in dispute.

Judgment of the Supreme Court of October 16, 2020. Background:  Electrodomésticos Jata S.A., filed an ordinary lawsuit against Electrodomésticos Taurus S.L, in which it requested a ruling which, among other things, "declares that the manufacture and/or marketing and/or use by the defendant Electrodomésticos Taurus, S.L. of the GALEXIA ELEGANCE roasting griddle infringes the exclusive rights held by the plaintiff, arising from its Registered Community Design number 000876.065-001, and condemns…


The imitation of services and initiatives as an act of unfair competition. Competitive uniqueness.

The Judgement of the Regional Court of Girona of July 27, 2020 prosecutes some facts that according to the plaintiff constitute illegal conduct under the provisions of Articles 4, 6, 11.2 and 12 LCD. Such acts, in essence, consisted of the manufacture and distribution by the defendants of bird cages, of the same color as those manufactured by the plaintiff and interchangeable with the latter. In this review we focus on the unfair conduct provided for in Article 11.2 LCD. In order to determine…


The burden of proof in copyright litigation in musical works managed by collecting societies or under "Creative Commons" and "Copy left" licenses.

Background of the case   On 9 December 2019, an appeal was filed against the judgment of the Girona Commercial Court, which upheld the lawsuit filed by the General Society of Authors and Publishers (hereinafter the SGAE), the Association for the Management of Intellectual Rights (AGEDI) and the Artists, Performers and Executors Management Society of Spain (AIE). The ruling condemned the appellant, as the owner of the premises "Bar Inagua" to pay an amount of 4793, 78 euros for copyright, as a…


Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL

Cristina Hernandez-Marti participated as an AIJA delegate at the sixtieth session of UNCITRAL: United Nations Commission on International Trade Law .The Working Group IV reviewed the draft provisions on the use and cross-border recognition of identity management and trust services.


Cristina Hernandez Marti joined 2020 AIPPI World Congress

Cristina Hernandez Marti joined 2020 AIPPI World Congress Online which took place 5-14 October. During those days really interesting topics where discussed such as the relationship between designs and copyright or the role of fundamental rights in trademark law.


The use of work of arts in the field of trademarks. BANKSY Case.

Background of the case: On 7 February 2014, the following figurative EUTM (12575155) was applied before EUIPO: The owner of the mark is Pest Control Office Limited, however, there is no doubt that the mark refers to one of the paintings of the well-known urban art artist BANKSY, graffiti that appears on the wall of the city of Bethlehem. Subsequently, Full Black Colour Limited, hereinafter the applicant, filed a declaration of invalidity against the subject trademark on the grounds of bad…


Acts of unfair competition in online advertising. The value of proof.

Background of the case On June 30, 2016, the appellant ACRISTALIA S.L. filed a lawsuit against Mr. Gabino and CRISTALIA VIDRIO 2000 S.L., requesting the court to sentence the defendants to cease on the use of the sign and name ACRISTALIA in social networks, as well as in any other media that may lead to confusion among consumers and consequently to withdraw the material in which the violation of the right has materialized and to acknowledge the unfair acts of the defendant. The Court of First…


Cristina Hernandez-Marti participated in AIJA annual congress

Cristina Hernandez-Marti, vicepresident of the Intellectual Property, Technology, Media, and Telecommunications Commission participated in AIJA annual congress that took place in August. During those days we dealt with the topic "DIVERSITY IN SPORTS: FROM SUCCESSFUL CAMPAIGNS TO FAIR PLAY".


Is the reference to the "white" color descriptive for the goods designated by the trademark OFF WHITE?

Background of the case On October 2017, the applicant OFF-WHITE LLC (hereinafter OFF WHITE), filed an EUTM application for the following figurative sign in Class 3, 9, 14 and 20. On January 2018, the examiner partially refused the application for the goods in Classes 9,14 and 20 since those were considered not distinctive and descriptive. An Appeal was filed by the applicant which was dismissed for some of the goods in Class 14 and for all the goods in Class 9 and 20. The applicant claims…


Does the pattern trademark of LOUIS VUITTON have acquired distinctiveness through use? The door remains open

Background of the case The applicant Louis Vuitton, filed in 2008 an IR designating the EU in Class 18. The mark sought for registration, was a pattern of colors, as the below one: On June 2015, a third party filed an application with EUIPO for a declaration of invalidity based on absolute grounds. The Cancellation Division, upheld the claim based on grounds of Article 7.1, b) of the Regulation (lack of distinctiveness). Subsequently, an Appeal was filed by Louis Vuitton, which was entirely…