Intellectual Property

  • The Attack of the “Stuffed Cookie Monster” Brands

    The Provincial Court of Alicante has ruled in favor of a Spanish company in a trademark infringement and unfair competition case brought against another Spanish one, in connection with the marketing of some biscuits. The court concluded that the appearance and presentation of this product infringed a well-known trademark.

  • Managing IP names Garrigues the best copyright firm in Spain

    The firm earned this distinction last year too

  • The CJEU confirms the multi-jurisdictional competence of EU courts in patent litigation

    In a recent ruling on the case of BSH v. Electrolux (C-339/22), the Court of Justice of the European Union (CJEU) has held that patent holders may bring claims for infringement of multiple national designations of a European patent in a single jurisdiction, thereby paving the way for cross-border litigation.

  • When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case

    Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse of the system can carry major consequences.

  • The European Commission withdraws the Proposal for a Regulation on Standard Essential Patents (SEPs) and FRAND Licenses

    The objective of this proposal was to facilitate the licensing of SEPs under fair, reasonable and non-discriminatory conditions. One of the key initiatives was the establishment of a mandatory conciliation procedure at the EUIPO, based in Alicante.

  • Garrigues’ IP area achieves the maximum distinction in the WTR 1000 2025, in Spain and Portugal

    The ranking has also singled out the work of five of our professionals in both countries

  • Acquired distinctiveness in trademarks: the secret is in the evidence

    Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market.

  • New patent possibilities emerge for natural products

    New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable.

  • Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co.

    Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co.

  • Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership

    Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear responsibilities and protections against misuse of the trademark.