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DeutschDeceptive 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…
HERNÁNDEZ MARTÍ ABOGADOS will attend the 2026 INTA Annual Meeting in London.
This event offers an excellent opportunity to meet colleagues and clients from all over the world in the same city, exchange insights, discuss ongoing matters, and strengthen existing IP-related alliances while exploring new projects and collaborations in the field of intellectual property. If you or any member of your team will also be attending and would like to exchange views on current IP developments in Spain or Europe, or discuss potential cooperation opportunities, feel free to request a…
The Supreme Court upholds the judgment for trade secret disclosure following the sending of emails to a competing company
Kauri Sportwear S.L. is a company with a commercial line dedicated to creating and selling work uniforms. In this case, the defendant worked as a sales representative for the aforementioned company, responsible for managing and acquiring customers.The company provided her with a computer and a corporate email account to carry out her work. On 21 March 2019, the defendant informed Kauri Sportwear S.L. that she was terminating her employment contract. On the same day, the defendant sent 20 emails…
The punishability of an impossible attempt in the offence of disclosure of trade secrets: frustrated access to corporate servers
In this case, the defendants have been accused by FLIX SOLAR S.L., BCN FINANCES PERSONALS S.L. and FUNDS AND PORTFOLIOS S.L. of attempting to access their computer servers to extract sensitive information. Following the Investigating Court's decision to proceed with the case on the grounds of a potential ongoing offence involving the disclosure of trade secrets, the defendants appealed against this decision. The appeal was upheld, resulting in the case being dismissed and the proceedings being…
The lack of individual character of building blocks toys: The General Court confirms the invalidity of LEGO’s design.
Guangdong Qman Toys Industry CO.Ltd, filled an application for a declaration of invalidity of the EU design described as “Building blocks from a toy building set”. The grounds for the declaration of invalidity were the lack of individual character, as the contested design did not produce on the informed user a different overall impression from a prior design reproduced on a website and corresponding to the representation of another piece of a toy brick construction set. On 28 November…
Hernández Martí recognised in the WTR 1000 ranking
Hernández Martí has been recognised in the WTR 1000 ranking for Enforcement and Litigation in Spain. The directory highlights the firm’s 360-degree approach to intellectual property, praising its in-depth knowledge of IP rights, not only from a prosecution perspective, but also in litigation and transactional matters. WTR further underlines the firm’s strong capabilities in trademark law, as well as in unfair competition and advertising law, supported by a practice that combines solid legal…
Cristina Hernández Martí recognised in WTR 1000 (SILVER – Individuals)
Cristina Hernández Martí has been recognised in the WTR 1000 ranking in the SILVER category – Individuals: Enforcement and Litigation (Spain). The ranking highlights her in-depth expertise in intellectual property law, with a particular focus on trademark matters, spanning prosecution, litigation and transactional work, as well as unfair competition and advertising law. WTR also underlines her strong business-oriented approach, aimed at delivering practical and effective solutions tailored to…
The scope of protection of the right to honour, privacy and personal image in audiovisual works inspired by real events
Atresmedia, Bambú and Netflix produced and broadcast the television series ‘Fariña’, which is inspired by events relating to tobacco smuggling and drug trafficking on the Galician coast in the 1980s. The aforementioned production companies were sued by one of the individuals convicted of drug trafficking whose character appears in the series, played by an actor who resembles him and using his first and last names. The plaintiff considers that his right to honour, privacy and personal image have…