Preliminary Injunctions and Trademark Rights over “Houdini”: Limits to the Protection of Signs Linked to Public-Domain Characters

This order rules on the admissibility of the injunctive relief granted at the request of Houdini Heritage KFT, aimed at protecting the rights arising from its ‘Houdini’ trademark registration.


Trademark Protection of Three-Dimensional Packaging in the Cosmetics Sector: The Case of the Aloe Vera Leaf Shape of the Holika Holika Brand

Enprani Co. Ltd, a cosmetic manufacturer and retailer that markets a range of products under the Holika Holika brand. The products’ main ingredient is aloe vera. These products are sold in packaging shaped like an aloe leaf.


Three-dimensional trade mark and technical function: the General Court upholds the refusal of a hand-shaped corkscrew.

The present dispute arises from an application for registration of an EU trade mark for a three-dimensional sign consisting of a hand-shaped corkscrew, for goods in Class 21. That application was rejected on the grounds that the sign applied for consisted exclusively of the shape of the product necessary to achieve a technical result in relation to the goods applied for.


Footwear and community designs: can customising existing designs provide protection? The CJEU clarifies the requirements of novelty and individual character

In the present case, the Court of Justice is ruling on a reference for a preliminary ruling arising from a dispute between various companies whose business consists of the sale of footwear.


The scope of coexistence agreements and the limits of the ius prohibendi in relation to patronymic trade marks: the “RONCATO” case

In 1996, the Roncato brothers divided control of their companies, which were primarily engaged in the manufacture and sale of suitcases.


The limits of place names in trade mark law: the Valcavada case

Since 2005, Grupo Solar de Samaniego S.L. has been the proprietor of the Spanish word mark “Valcavada” for alcoholic beverages in Class 33.


Bad faith in trade mark registration following the transfer of a business: the “Casa Cambó” case

Grand Hotel Central Barcelona S.L. acquired, through a sale and purchase agreement with UNICO Hospitality Group S.L., the building commonly known as Casa Cambó, situated in Barcelona, as well as the hotel business housed within it.


Deceptive 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 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


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.


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.


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.