Publications - Intellectual Property
Use of the mark “in the course of trade” as a requirement for infringement: can use in a trading business be involved if someone pays you with cigarettes and alcohol?
A judgment by the Court of Justice of the European Union (CJEU) has concluded that to determine whether use “in the course of trade” exists it is irrelevant whether the mark is used in the course of a person's trade or whether any…
Is the trademark Fack ju Göhte contraty to the accepted principles of morality?
Just when everyone thought they wouldn’t be able to register as a trademark the title of a famous German comedy from 2013 and its two sequels from 2015 and 2017: Fack ju Göhte, because it was contrary to accepted principles of morality, the…
COVID-19: Spanish and European Union Intellectual Property Offices announce extension of deadlines
Royal Decree No. 463/2020 declaring a state of alert in Spain to manage the COVID-19 public health crisis was published on March 14, 2020. Among other measures designed to respond to the outbreak and alleviate its consequences, all court and…
3D printing: Doing its part to save the environment
3D printing can have a positive impact on the environment: it reduces manufacturing waste, lowers the carbon footprint and supports the circular economy. The European Commission has been called on to look at creating a legal framework that would…
The CJEU due to rule for the first time on the main rights held by owners of plant varieties
The court must rule on a number of questions referred to the CJEU by the Spanish Supreme Court, in a case in which Garrigues represents Club de Variedades Vegetales Protegidas.
The new Trademark Law Regulations require greater clarity when registering distinctive signs
As a result of the transposition of Trademark Directive 2015/2436, both the Trademark Law as well as its implementing regulations have had to be amended accordingly. The reform of the implementing regulations, approved through Royal Decree 306/2019…
The influencer Chiara Ferragni manages to register her european trademark after a long drawn-out battle
Following the recent decision by the Court of Justice of the European Union (CJEU), the influencer Chiara Ferragni is now free to continue to extend her already substantial fashion empire.
The law that will protect trade secrets has been approved
New Trade Secrets Law 1/2019, of February 20, 2019 (TSL, available here) has been published in the Official State Gazette. The Law will come into force on March 13, 2019. It transposes into Spanish law, Directive (EU) 2016/943 of 8 June 2016, on the…
“Blockchain can help to improve problems in the musical industry, the distribution of royalties”
Interview with Antonio Delgado (member of the advisory board), and Eric Jordi (responsible for Business & Legal Affairs), at Unison.
McDonald’s European Union trademark Big Mac cancelled due to non-use
On January 11 2019 the EUIPO’s Cancellation Division revoked European Union trademark 62.638 BIG MAC, filed in 1996 by the famous fast-food chain McDonald’s. Although the mark had been registered since 1998, in April 2017, the…
The Copyright Directive closer to approval following the support by the European Parliament
The European Parliament has given its support to the Directive on Copyright in the Digital Single Market, with 438 votes in favor, 226 against and 39 abstentions. The vote moves one step further in the path to approve a directive that seeks to…
For the CJEU, the red sole can belong to Louboutin