Blog
The Supreme Court confirms that a third party may not use the ZARA trademark.
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. A recent judgment from the Supreme Court has condemned Buongiorno for reproducing the ZARA trademark on a gift card offered as […]
The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law. The world of fashion design, in which aesthetics are woven into practicality, […]
Debunking ‘green sheen’: the new rules on environmental claims
The new EU Directive seeks to put an end to greenwashing and early obsolescence practices. The majority of the obligations it lays down are already punishable through existing unfair competition regulations. However, the new EU greenwashing directive fills certain legal voids. The Greenwashing Directive puts down in black and white what we already knew: do […]
“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material
A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity […]
Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question (Case C-361/22) raised by the Spanish Supreme Court in the proceedings between […]
If your trademark has been registered for more than 5 years, you will have to be able to prove that it has been used
In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. As the proverb says: “Caesar’s wife must not only be honest but must also be seen […]