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Jorge Oria, Lexology: Bankrupted? No valid reason to stop using your trademark

The Spanish High Court has recently issued a decisión (cassation appeal) confirming that insolvency proceedings are not a valid reason to justify non-use of a trademark. It is the 22nd December ruling.

As most readers would know, article 10, 2008/95 EU Trademark Directive (and thus, all national trademark laws) obliges the proprietor to put the trademark to genuine use for at least an uninterrupted period of five years. Failure to comply would lead to cancellation unless proper reasons are provided (art. 12.1). 

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Ignacio Temiño in Managing Intellectual Property: Spain Cracks down on IP crime

Changes to the Spanish criminal code, related to online piracy, copyright infringement and anti-counterfeiting activities, together with big operations conducted by the authorities will change the way the country tackles IP crime [...]

IAM Magazine recomends Abril abogados

The refined service on offer at this boutique encompasses all aspects of the protection and enforcement of patent rights. Its polished practitioners are especially hailed for their sophisticated transactional and litigation skills; generic pharmaceutical manufacturers are just some of the companies that capitalise on their robust advocacy.

Color marks and distinctiveness

The Spanish Supreme Court has recently ruled against the registration of the International TM application nº 908137 in Spain in the name of Orange Brand Services Limited (Orange). The application consists in the orange color (Pantone 151) and was opposed by Jazz Telecom, S.A.U (JazzTel) on the basis of an alleged lack of distinctiveness.

Is liable a university for the use of copyrighted works in its intranet?

This question has been answered affirmatively by the Mercantile Court of Barcelona No. 2 on its judgment dated May 2nd, 2013. [Read more]

Boundaries between company names and trademark and trade names refresh by Spanish Supreme Court

Conflicts between company names and trademarks / trade names are quite often in practice.

The Spanish Supreme Court stated in such disputes that the right holder was only allowed to prohibit the use of a company name of a company (and request its modification) when while matching with the registered sign a use as a trademark/trade name has been evidenced.

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Up to six years in prison for link to contents protected by copyright: proposed Criminal Code reform Spanish

Several major legislative reforms by the Spanish Ministry of Justice have been performed in the last months. Now it is the turn of the Criminal Code and for the purpose of this article we must focus on those reforms relating to offenses against IP rights, among the different amendments incorporated...

Busted! Spanish High Court confirms venue for customs-related crimes

Where does a crime against IP rights happen?. Well, when the illicit product is manufactured in the country it seems logical to understand that the crime happens where the factory is located (i.e. the crime will be the manufacture of counterfeit products a.e.). As long as the Spanish Criminal Procedure Law assigns the venue to the Courts of the place of infringement (art. 14.2) it should not be a problem ...

Fixing of damages in actions for infringement of exclusive rights: duty of defendant's collaboration

The determination of the damages resulting from the infringement of exclusive rights is often not easy for the lawyer of right holders. Many times one finds himself an aggressive behavior by the defendant who wants to avoid such determination. Under those circumstances and in order to avoid leaving empty of content the action for damages, an estimation should be requested from the judge according to proven facts.

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Collective trademark BARCELONA fully rejected

The Spanish collective trademark "BARCELONA" applied for all 45 classes in the name of the City Council of Barcelona has been rejected by the Spanish

Equipments of football teams worth thousands of euros

The Provincial Court of Barcelona has condemned the company Nosko Europa S.L. to pay Nike 90.000 euros of damages and to withdraw from the market all the commercialized T-shirts since considers that there exist acts of unfair competition in the commercialization of the T-shirts imitating certain football team’s official T-shirts.

Plant variety rights: protection in Spain

In Spain, for a while now the rights of intellectual property are on everyone's lips. Mainly copyright, probably because of their more direct impact on consumers and users.

Place your bets! Casinos or cafés? Hungary or Spain?

Las Vegas Sands – the worldwide famous American casino corporation – decided last year that its new entertainment and services resort “Eurovegas” will be located in Spain. The enormous investment planned for the owner Mr. Sheldon Adelson for the next ten years, was finally awarded to Alcorcon, a city near Madrid, in a decision that took place last February.

Famous Spanish film producer found liable of Community Design infringement in film promotion

“Torrente 4 Lethal Crisis” was the fourth part of the Spanish saga “Torrente “, a story of a corrupt former policeman, which achieved number one in audience ranking in 2011 (about 20 mill. euros turnover).

The European Commission intents to harmonize copyright levies

In the attempt of the European Commission to harmonize a single market for Intellectual Property Rights, António Vitorino, a former European Commissioner responsible for Justice and Home Affairs, has launched a mediation process on private copying and reprography levies in the European Union. In this statement, the mediator recommends two courses of action:

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Effects denied for pharma patent broadened by TRIPS application

The Danish Laboratory Lundbeck A/S had obtained a favorable decision from the Spanish Supreme Court (Contentious Administrative section) in 2011, whereby its right to file a revised translation of its European patent for escitalopram (EP0347066), covering now the product claims, was acknowledged by virtue of the TRIPS... 

The effective knowledge, and the freedom of Expression and Information v’s Right to Honour of legal entities

The  Spanish Supreme Court has upheld the appeal filed by the owner  of the  domain name merodeando.com who was sentenced to pay the amount of 9000 Euros and to withdraw the posts made by the users regarding the SGAE (The Spanish Copyright Collecting Society), such as SGAE= THIEVES.

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Communications in Industrial Property and Competition Law

Provisional withholding of goods by the customs and decision on the merits

Ignacio Temiño Ceniceros and Fernando Ortega Sánchez, participate in the 66th Communications in Industrial Property and Competition Law discussing the Judgment of the Court of Justice of the European Union of December 1, 2011 (Joined Cases C-466/09 Philips and C-495/09 Nokia).

 

Paloma Arribas in e-commerce Law Report

Paloma Arribas del Hoyo in e-commerce Law Report

Spain bans site from displaying magazines

Abril Abogados in Managing Intellectual Property

Managing Intellectual Property

Youtube faces further battle in Spain

Ignacio Temiño in e-commerce Law Report

Ignacio Temiño. Case Nº 261/09, Barcelona Commercial Court Nº 7, March 2010

Managing Intellectual Property

Spanish Courts continue to favor P2P sites

Agente de la Propiedad Industrial Colegiado