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Cristina Hernandez-Marti Perez was appointed during the AIPF Annual Meeting in Boston as a member of the Board of Directors. She will also continue as Chair of the Trademark Committee working with attorneys from all over the world and organizing valuable content for AIPF members. During the annual conference there was time to discuss practical applications on artificial intelligence, how AI impacts daily law practice and the current challenges of IP boutiques.
Taschen Totebag Design – Different overall impression
BACKGROUND TO THE DISPUTE On November 2014, HALFAR System GmbH, applied for and registered the following Community design in respect of ‘bags’. On July 2020, Hotel equipment Schranz GmbH filed an application for a declaration of invalidity of the registered Community design, on the grounds that it lacked of novelty and individual character and, in addition it consisted exclusively of features of appearance of a product which are solely dictated by its technical function. On January 2022, the…
Batman - Application for declaration of invalidity dismissed – Trademark with distinctive character
BACKGROUND TO THE DISPUTE On January 2019, Commerciale Italiana Srl, filed an application for declaration of invalidity of the following EU trademark for goods in classes 25 and 28, owned by DC Comics. On May 2020, the Cancellation Division dismissed the application in its entirety. On July 2020, Commerciale Italiana decided to file a notice of appeal against the Cancellation Division’s decision, which was dismissed by the Board of Appeal. Commerciale Italiana and Luigui Aprile decided to…
Copyright - Communication to the public - Broadcasting of background music on means of transport
BACKGROUND TO THE DISPUTE Case C-775/21. On March 2019, UCMR - ADA brought an action before the Bucharest Regional Court against the air transport company Blue Air, seeking remuneration still due and penalties for the communication to the public of musical works on board Blue Air’s aircraft without obtaining a licence. Blue Air submitted that, although it has the software needed for broadcasting musical works in 22 of its 28 aircrafts, it communicated to the public only one musical work as…
Conguitos - nullity application based on art. 8.5 EUTMR rejected - different goods
BACKGROUND TO THE DISPUTE On January 2012, Mr. Mariano Esquitino Madrid, filed an application for registration of the following EU trademark for goods in classes 3, 14 and 18. On December 2016, Chocolates Lacasa Internacional, S.A., applied to the EUIPO for invalidity of the said EUTM on the basis of, among others, its EU word mark "Conguitos" registered in class 30. The Cancellation Division rejected the invalidity application on February 2021. Chocolates Lacasa filed an appeal before the…
‘Rolex’ / ‘Representation of a crown’ - No risk of confusion - Different goods and non-proved injury in the sense of art. 8.5 EUTMR
BACKGROUND TO THE DISPUTE On November 2014, PWT A/S, obtained international registration designating the EU of the following trademark for goods, inter alia, in class 25. On June 2016, Rolex SA, filed a notice of opposition to registration for the contested mark, based on the following earlier EU trademarks, for goods in class 14, inter alia. The Opposition Division upheld the opposition. PWT filed a notice of appeal before EUIPO against the earlier decision, and the Board of Appeal upheld it…
Unfair competition. Publication of the decision. Grounds of the action.
Unfair competition. Publication of the decision. Grounds of the action. In this case, the plaintiff and one of the co-defendants are engaged in the production, distribution and supply of medical devices intended for patients with certain pathologies, while the other co-defendant (a FOUNDATION) is an institution providing assistance to the aforementioned patients. This free care activity depends on the financial contributions of the other co-defendant, as it is the most important source of…
Design. Visibility in normal use of a complex product.
The design registered at the German Patent and Trade Mark Office had as its only graphic representation the drawing showing the underside of a bicycle saddle. The German Supreme Court referred the following questions to the Court of Justice for a preliminary ruling: (1) Is a component incorporating a design already 'visible' within the meaning of Article 3(3) of the Directive (98/71) if it is objectively possible to recognise the design when the component is mounted or is visibility essential…
HERNANDEZ MARTI attended MARQUES Spring meeting
HERNANDEZ MARTI attended MARQUES Spring meeting which took place March 2-3 in Frankfurt. The perfect occasion to continue working on the teams activities, to hear what other groups are looking into and discuss what is new in EUIPO during a workshop.
XXXVIII AIPPI Spanish Group Study Days on Intellectual Property
HERNANDEZ MARTI ABOGADOS was present at the XXXVIII AIPPI Spanish Group Study Days on Intellectual Property which took place on 16 and 17 February in Madrid. During these conferences, current issues such as administrative nullities and lapses or the susceptibility of the protection of creations made by artificial intelligence were discussed.