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DeutschSimilar domain name for the online sale of perfume and cosmetic products. Confusing acts.
BRASIL Y BELLEZA S.L., from now referred as B&B, is a company which is dedicated to the online wholesale of hairdressing and cosmetic products. On April 25, 2019, B&B filed before the Commercial Courts the following combined lawsuits: declaratory action of disloyalty, cessation of the disloyal conduct, removal of the produced effects, and action for damages against the defendant MY WAY BARCELONA, from now referred as MYWAY, a limited company dedicated to the sale of hairdressing and…
Advertising of alcoholic beverages on the public road from a private plot of land. Larios Rosé case
BACKGROUND The organisation ASOCIACIÓN DE USUARIOS DE LA COMUNICACIÓN brought an action at first instance for declaratory relief and cessation of unlawful advertising and unfair competition against the company "BEAM SUNTORY SPAIN, S.L.", a company engaged in the distillation, rectification and blending of alcoholic beverages. The action was based on the advertising of the trade mark "LARIOS ROSÉ", carried out by means of the installation of a billboard on a private plot of land located in…
CJEU considers that the evidence provided by EOS to prove distinctiveness through use in the European Union was not sufficient
The CJUE has recently rejected the admissibility of the appeal filed by Eos Products (hereinafter EOS) against the decision of the General Court (case C-672/21) dated 8 September 2021; considering that the evidence provided was not sufficient to prove distinctiveness, as a result, EOS has not been able to register the egg shape of its lip balm as a three-dimensional trademark. We proceed to a brief summary of the decisions issued by the various judicial authorities regarding the EOS…
Risk of confusion between "VITABLOCS TriLuxe forte" and "TRILUX"
BACKGROUND TO THE DISPUTE On December 9, 2015, Vita Zahnfabrik H. Rauter GmbH & Co, KG obtained international registration No. 1346271 with designation in the European Union, for the word trademark "VITABLOCS TriLuxe forte". The trademark was filed for the following classes: Class 5: “Dental ceramic composition in the form of blocks for preparing ceramic restorations; ceramic dental materials; dental ceramics for preparing dental prostheses; ceramic material for stopping teeth and dental…
Prohibition of offering the goods under the registered sign. Customs warehousing. Acts proving that the deposited goods were destined for illicit distribution within the European Union. Havaianas Case
The relevant facts in this case are as follows: Alpargatas, S.A. is the proprietor of the various figurative and mixed trademarks with the word element HAVAIANAS to identify, among other goods in class 25, clothing, footwear and headgear. Alpargatas Europe, S.L.U. is the exclusive distributor and licensee of these trademarks in the territory of Europe, the Middle East and Africa. Marcas por Menos, S.L., in 2015, acquired in Panama 21,480 original Alpargatas sandals, identified with these…
Application for a trade mark of the Union of Pattern. Representation of an ornamental pattern. Absolute ground for refusal on the ground of lack of distinctive character.
Neolith applied for registration of an EU trade mark, the sign of which was a pattern consisting of a series of rhomboidal, oval and zigzagging figures, all in a blurred outline, without any colour or designation. The goods in respect of which registration was sought are in class 19 of the Nice Agreement and correspond to the following description: "Prefabricated ceramic and porcelain tiles for covering all types of construction..." among other goods of a similar nature. EUIPO refused…
"Nadorcott "Protected Plant Variety. Prescription of actions for infringement.
The Spanish Supreme Court referred a question to the CJEU for a preliminary ruling in the context of a dispute between José Cánovas Pardo, S. L. and Club de Variedades Vegetales Protegidas, in relation to the exploitation by said company of mandarin trees of the variety called "Nadorcott" without the consent of the latter. In summary, the relevant facts are that José Cánovas Pardo, S.L. exploited since 2006 a plantation containing 4,457 mandarin trees of the Nadorcott variety. On October 30,…
Patents. Claims. The scope of protection is limited by the claims that include the term "product for".
SJM Barcelona (Section 4 Patents) of 14 April 2021 The issues debated in the lawsuit are the plaintiff's allegation of patent infringement and the nullity of the patent invoked by the defendant. In summary: The applicant Aravén is the holder of Spanish Patent ES 2621356 (hereinafter ES 356), entitled "Shopping trolley", validation in Spain of European Patent EP 2974940, granted by the European Patent Office. The aforementioned patent claims priority of patent ES 201330361 of 14 March 2013. The…
Well-known trade mark. Legitimate descriptive use of the sign ZARA in the promotion of services by a third party by means of gift cards for the purchase of goods in ZARA shops.
STS of 26 October 2021 The facts giving rise to the judgment are, in summary, the following: Boungiorno Myalert offered services and downloads of entertainment content through its WAP services and SMS services for mobile telephones and launched a campaign for subscription to the service for the forwarding of multimedia content via SMS which it marketed under the name "Club Blinko", in which "it offered, on certain web pages accessed through banners with the ZARA sign inserted on other web…
Design - Lack of individual character. JIEYANG DEFA INDUSTRY loses the battle against BARBIE.
BACKGROUND TO THE DISPUTE On 7 May 2014, JIEYANG DEFA INDUSTRY CO. LTD, filed an application for registration of a Community design with the European Union Intellectual Property Office (EUIPO). The Community design is represented in the following views: On 4 August 2017, MATTEL, INC. filed an application for a declaration of invalidity of the contested design. The intervener submitted that the contested design lacked novelty and individual character in relation to the earlier designs Defa Doll…