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DeutschThe imprescriptible character of an action for absolute invalidity on the grounds of a trade mark registered in bad faith
Supreme Court Ruling of 6 June 2018 (ECLI:ES:TS:2018:6050A) The enterprise Confecciones Córdoba registered Spanish trade marks no. 2858007 and no. 2774328, “Pedro Morago,” for clothing and footwear. Luis Manuel filed a claim requesting the absolute invalidity of the registration of said trade marks as they were registered in bad faith. Both the judgment of the lower court and the judgment of the Court of Appeal allowed the claim and declared the trade marks registered by Confecciones Córdoba to…
Damages calculation for trade mark infringement in Spain
Cristina Hernández Marti Pérez has recently published a book on damages calculation for trade mark infringement in Spain. The book has been published by Tirant Lo Blanch and is currently just available in Spanish. https://www.tirant.com/editorial/libro/la-determinacion-de-los-danos-y-perjuicios-en-materia-de-marcas-cristina-hernandez-marti-perez-9788491902058
What is required for a database to be granted copyright protection?
Judgment No. 23/2018 of the Provincial Court Of Barcelona of 19 January (ECLI: ES: APB:2018:187). Intellectual property: legal protection of databases: “sui generis” right. Protection requirements. Originality. Mr. Marcos is the author of a climbing guide published in 2011 which includes information about climbing areas in the mountainous region of the Boi Valley and technical information required for practicing this sport. The guide is organized as an index divided into 9 chapters. The…
Is it possible to force upon an intermediary the duty to cooperate in ceasing an infringing conduct?
Judgment No. 115/2018 of the Provincial Court of Barcelona of 20 February (ECLI:IS:APB:2018:1317). Intellectual property. Action for an injunction against internet service intermediaries. Defendant’s standing. The Asociación de Gestión de Derechos Intelectuales (AGEDI) (Association for Managing Intellectual Rights) files a claim for a declaratory judgment against a number of telecommunication companies asking that the defendants be ordered to adopt the measures required to prevent access from…
Three parallel stripes on a shoe vs. Two parallel stripes on a shoe
Judgment of the General Court of 1 March 2018 ECLI:EU:T:2018:108 “EU trade mark. Application for EU figurative mark consisting of two parallel stripes on a shoe. Earlier EU figurative mark representing three parallel stripes on a shoe. Damage to reputation. On 1 July 2009, the enterprise Shoe Branding Europe BVBA filed an application for registration of a position mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe. The goods in respect of which…
Period for submitting evidence in the EUIPO proceeding
Judgment of the Court of Justice (First Chamber) of 24 January 2018 Word mark FITNESS. Application for invalidity. Period for submitting evidence in the EUIPO proceeding. On 30 May 2005, NESTLE was granted registration of EU word mark “FITNESS” for goods in Classes 29, 30, and 32 of the Nice Agreement. On 2 September 2011, the undertaking called European Food filed an application for invalidity of the trade mark “FITNESS” on the basis of Articles 52(1)(a) and 7(1)(b) and (c) of Regulation No.…
La mafia SE SIENTA A LA MESA
Judgment of the General Court of 15 March 2018 ECLI:EU:T:2018:146 “Trade mark of the European Union – Invalidity proceedings – EU figurative mark La Mafia SE SIENTA A LA MESA – Absolute ground for refusal – Whether contrary to public policy or to accepted principles of morality – Article 7(1)(f) of Regulation (EU) 2017/1001” On 20 December 2007, the enterprise La Mafia Franchises, S.L. (hereinafter, the appellant) was granted registration for the EU figurative mark “La Mafia SE SIENTA A LA…
On March 7 Cristina Hernández-Martí participated as a speaker in the pantel "The graphic representation requirement"
On March 7 Cristina Hernández-Martí participated as a speaker in the pantel “The graphic representation requirement” during the Legal week of the Universidad San Francisco de Quito. Cristina shared panel with María de los Ángeles Lombeyda, José Roberto Herrera y Juan José Arias Delgado.
6 benefits of registering your trademark
In Hernández Martí Abogados we tell you some of the advantages of registering your trademark. Registered trademarks are an effective communication tool. They are an additional way of segmenting your target group and that this group recognizes you in an easy and quick way. Registered trademarks allow companies to use their brand in trade, as well as on Internet and social networks in a safer manner. This can prevent third parties from using it. The trademark is one of your company's most…
Intellectual and industrial property: Calculation of damages. Does Article 13 of Directive 2004/48/EC preclude national legislation of a Member State?
The Judgement of the Court of Justice (Fifth Chamber) of 25 January 2017 resolves a referral raised for preliminary ruling concerning the case between Stowarzyszenie “Oławska Telewizja Kablowa” (OTK) and Stowarzyszenie Filmowców Polskich (SFP), in relation to the interpretation of Article 13 of Directive 2004/48/EC. The question referred for preliminary ruling is whether Article 13 of Directive 2004/48 is to be interpreted as precluding national legislation, whereby the holder of an infringed…