(Preliminary) Injunction, Appeal, Copyright, European Union, Spain, Trademark, Unfair advantage

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The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing   Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…

3D Trademark, Confusion, EU trade mark law, EUIPO, Jurisdiction, Spain

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The first instance court of Barcelona held that that the trade mark device of a dinosaur on a biscuit must remain in the public domain, ruling against the claimant in a trade mark and unfair competition lawsuit (judgement available here, and post here). The Appellate Court (judgement No. 629/2020 of March 23, 2020) has now…

Spain, Trademark

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What are the limits as regards the use of a well-known trademark to promote a contest? In two similar circumstances, two Spanish courts have reached different conclusions. In this article, we will analyze the circumstances of the legal proceedings and the dissonant approach taken by the Spanish courts: INDITEX v BUONGIORNO In this case, the…

European Union, Spain

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The Royal Decree-Law (link) implementing the European Trade Marks Directive 2015/2436 was published in the Official State Gazette on December 27. The main part of this legislation amending the Spanish Trade Mark Law will come into force on January 14, 2019. The main points to be highlighted are as follows: Competence of the Spanish Patent…

Community Trademark, Designation of Origin, EUIPO, Food, General Court, Spain

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The debate about the traditional terms, such as “torta”, has occupied Spanish case law for a long time and now the saga continues on an EU level. The main discussion is about whether the expression “torta” can be classified as a Traditional Designation. Background: The Regulatory Body for the Protected Designation of Origin of Queso…

Appeal, Case law, CJEU, Spain

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The Alicante Court of Appeal has concluded that the use of comparison lists in the marketing of smell-alike perfumes constitutes an unlawful form of comparative advertising, even when it is the consumers themselves that are making use of these lists at a sales website. This latest case ruled on new forms of using comparison lists…

European Union, EUTM, Italy, Spain, Supreme Court

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The Spanish Supreme Court has concluded that it is not appropriate to waive the Court jurisdiction from the defendant’s domicile (in this case Italy), which had ruled against the claimant, by creating a link with another entity that it is domicile in another European country (in this case Spain), when that connection is not sufficiently…

European Union, Infringement, Lack of distinctiveness, Opposition, Spain, Supreme Court

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The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark “Toro” (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark “Badtoro” (owned by Jordi Nogués, S.L., and filed for goods and services in classes 25 and 35 – relating to clothing-). Firstly,…

Appeal, Case law, EUTM, National marks, Spain, Supreme Court

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A recent Supreme Court judgement in the Dalí case shows clear respect for trademarks but raises some questions regarding image. A great many brands have used in their advertising campaigns the images of people who, despite no longer being alive, continue to have considerable selling power. There are even marketing studies which show that advertising…