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…
In a decision of 22 April 2016, the Spanish Supreme Court has clarified the circumstances in which the commercialization of original luxury products through Internet sale platforms outside a…
The relevance of the graphic element in the comparison of figurative signs and the application of the “principle of continuity of registration”.
In two different decisions, rendered within a…
Judgment of the Supreme Court (First Chamber) no. 107/206 of 1 March 2016
The Spanish Supreme Court (SC) in a judgment of 1 March 2016, dismissed the cassation appeal filed by the “Comité…
The Spanish Supreme Court recently had to consider the likelihood of confusion between the representation of a lila mop registered as a two-dimensional trade mark and another party’s actual product,…
The Alicante Appellate Court has confirmed that the use of lists comparing fragrances to well-known perfume brands is illegal.
Comparison lists compare smell-alike perfumes with the respective high-…
In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to…
In two judgments rendered on 14 January 2016, the General Court confirmed OHIM’s refusal of stylized marks whose verbal elements were descriptive or non-distinctive.
It is a coincidence that both…
This article looks at whether advertisers and referencing service providers, such as Google or Bing, involved in keyword advertising can be held liable in Spain on grounds of trademark infringement…
According to the Spanish Supreme Court, three-dimensional marks consisting of the shape of the product or its packaging are not considered to be genuinely used when used in conjunction with a highly…
