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DeutschAIJA Seminar in Málaga: New Technologies: Is IP/TMT and Antitrust Law Future Proof?
From October 24 to 26, 2024, AIJA held a seminar in Málaga, organized by the Intellectual Property, Technology, Media, and Telecommunications (IPTMT) and Antitrust Commissions. The conference, under the theme "New technologies: Is IP/TMT and Antitrust law future proof?", attracted lawyers and experts from around the world to discuss the future of these areas of law amid rapid technological advances. One of the seminar's highlights was the panel "Registered designs in transformation: When chairs…
Pattern mark. Lack of distinctiveness
In the resolution dated September 13, 2024, the EUIPO rejected the European Union Trademark No. 18 969 849, based on Article 7(1)(b) EUTMR, on the grounds that it lacked distinctiveness. The applicant argued that the trademark had strong distinctive character, supported by technical and psychological studies presented that highlighted the distinctiveness of the mark. Among others, the following analyses were submitted: "Graphical Analysis of the Hestern Pattern" "Psychological Analysis of…
It is not necessary for the public to believe they are acquiring an original product for it to be an ip infringement. Spanish Supreme Court
On June 27, 2024, the Supreme Court, Second Chamber (Criminal), issued a conviction against the appellant, a co-owner of a retail establishment, for offering counterfeit products of various prestigious brands, such as Tommy Hilfiger, Ralph Lauren, Levi's, Calvin Klein, Adidas, Carolina Herrera, Fila, Fred Perry, Lacoste, Nike, Armani, and Guess, without the authorization of the respective trademark’s owners. As a result of a police intervention at the appellant's establishment, 872 items were…
Academic Plagiarism: Copyright Infringement in a Doctoral Thesis
On September 6, 2024, the Commercial Court of Madrid, Section 07, issued a ruling in a case of intellectual property rights infringement. The plaintiff alleged, under Article 1 and subsequent articles of the Intellectual Property Law (hereinafter, IPL), that her work "MARIANA OF AUSTRIA IN THE POLITICAL CROSSROADS OF THE 17TH CENTURY" had been plagiarized by the defendant in his doctoral thesis "THE GOVERNANCE OF THE HISPANIC MONARCHY DURING THE REGENCY OF MARIANA OF AUSTRIA (1665-1675)." The…
Cristina Hernández-Martí Pérez speaks at the Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile and ASIPI
On October 22, 2024, our partner, Cristina Hernández-Marti Pérez, participated as a speaker at the prestigious Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile in collaboration with the Inter-American Association of Intellectual Property (ASIPI). During her presentation, Cristina discussed the legal framework and evolution of non-traditional trademarks in the European Union and Spain, highlighting recent trends and challenges in protecting trademarks…
Refusal to register a trade mark in Class 33 on the grounds that it conflicts with the Appellation of Origin ‘Toro’ (Denominación de origen TORO) and misleads the consumer
The European Union Trade Mark No. 17 966 918 was filed for Class 33, related to alcoholic beverages. The REGULATORY COUNCIL OF THE TORO DESIGNATION OF ORIGIN filed an opposition against all the goods, invoking Article 8(1)(b), Article 8(5), and Article 8(6) of the EUTMR, based on prior rights. The opposition was initially dismissed in its entirety and was appealed by the opposing party, alleging the existence, validity, and scope of protection of the DO “Toro,” invoked under Article 8(6)…
Community Design - Insufficient Evidence to Prove the Existence of a Prior Design with Similar Characteristics
On September 11, 2024, the Third Board of Appeal of the EUIPO dismissed an appeal regarding a request for invalidation of Community Design No. 5 809 746-0001. The design in question pertains to the construction of a portable sauna. The request was filed by Ecosauna Project OÜ (hereinafter, the applicant), who argued that the design lacked novelty and individual character pursuant to Articles 5 and 6 of the Community Design Regulation (CDR), based on Article 25(1)(b) and Article 4 of the…
Hernandez Marti abogados participated at Marques annual conference
The 2024 MARQUES Annual Conference, held in Stockholm from September 24-27, gathered over 900 intellectual property practitioners to discuss the evolving challenges in the field. The role of trademark experts is becoming increasingly complex, requiring them to navigate new technologies, business models, and regulations related to advertising and sustainability. This year’s conference covered a wide range of topics, including how litigation strategies are influenced by public opinion, the need…
Intellectual property crime - The incorporation of an artistic work by a third party in a product intended for commerce
On February 29, 2024, the Supreme Court (Criminal Chamber) issued a ruling addressing a dispute concerning a crime against intellectual property. The company ABASIC S.L., creator of the artistic prints for the brand Desigual, faced off against Ali&Alex, S.L. and its manager Daniel. They were accused of marketing handbags that reproduced ABASIC S.L.’s original artistic creations without authorization. As a result of a police operation, 3,746 handbags reproducing ABASIC S.L.’s original…
Plagiarism of the television format ‘Operación Triunfo’? Lawsuit dismissed for lack of capacity to bring proceedings.
The 9th Section of the Commercial Court of Barcelona, in its ruling dated July 29, 2024, addressed a case concerning the exercise of an action for intellectual property rights infringement. In this case, it was alleged that the television program "Eufòria" had plagiarized the format of "Operación Triunfo" (hereinafter, OT). The complaint presented two actions: 1) One for the infringement of intellectual property rights, and 2) Another for unfair competition. However, the court only considered…