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…


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…


Copyright in architectural works

The Intellectual Property Act (hereinafter LPI 1996) states that the ownership of the work corresponds to the author, that is to say, to its "creator".  Therefore, the architect-designer acquires the intellectual property rights by the fact of being the author of the work that later takes shape in a building. However, intellectual property does not necessarily cover all the elements of a building, but only those elements that are creative and original and reflect the personality of the author.…


Start ups – confidentiality agreements (NDA)

In several occasions we are determined to undertake. But when starting a new business, there are many issues to consider and as well as many concerns. The first concern that may arise is whether I can get any protection when I communicate my idea to someone else. Is it convenient to sign a contract or a confidentiality agreement? Ideas are not protected. Sometimes an entrepreneur's idea is not so novel in itself, but the added value is provided by the entrepreneur (because of his experience,…


XOXO, lack of distinctiveness among the relevant public

Background of the case In August 2017, the applicant, Global Brand Holdings LLC, filed an application of an EUTM XOXO (word mark) for the following classes 3, 9, 14, 18, 25 and 35. On May 2018, the application was rejected, following the objections raised by the Office since the trademark was considered not distinctive and having a mere promotional and laudatory meaning. It was only allowed to proceed only in Class 35. Subsequently, the applicant filed an Appeal, which was eventually dismissed…


Can the shape of the Brompton bike be protected?

The Court states that works whose shape is necessary to achieve a functional technical result may be protected by copyright to the extent that it is original Background of the case A reference for a preliminary ruling has been submitted to the Court of Justice of the European Union in the context of a dispute between, SI and Brompton Bicycle Ltd ('Brompton') and Chedech/Get2Get ('Get2Get') concerning an action for infringement of copyright brought against the latter. Brompton has been marketing…


What can I do if I notice on social networks that products copying my design are being advertised, or products are being offered under my registered trademark?

E-commerce has experienced an enormous increase, which has been accelerated by the current lockdown of practically the entire world.  Following this increase, individuals who promote their products through social networks play an important role. The number of profiles exposing articles for sale through publications, "stories" has also grown exponentially. It is common to find in profiles the possibility of buying clothes, decorative items, illustrations, etc., which regardless of not being…


COVID-19. Update on procedural and administrative deadlines

Jurisdictional order After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of procedural timeframes has been suspended and interrupted, always linked to the development of the State of Alarm. The General Council of the Judiciary, on May 23, approved through its Permanent Commission the following agreements: As from June 4, the suspension of time limits and procedural activity, established in the second additional provision of the Royal Decree…


Collective mark designating the geographical origin of the goods. Valencian mussels.

Background of the case The Asociación Empresarial Agrupación de Clochineros de los Puertos de Valencia y Sagunto ("ACPV") filed a lawsuit against Clochineros de Valencia S.L. on 22 January 19, for unlawful use of the Collective Mark No. 3565774 CLÓCHINA VALENCIANA, and Collective Mark No. 3565754, CLÓCHINA DE VALENCIA, which is reproduced in the corporate name of the defendant CLOCHINEROS DE VALENCIA S.L, meaning that there is a trademark infringement, claiming among others, the corresponding…