Dispute regarding the European registration of the trademark ‘Neymar’: beating them all to it doesn’t always count

In the race for ownership of a trademark, the principles of loyalty and business ethics prevail over the ‘first to file rule’ according to which whoever gets there first and is the quickest to register the mark holds exclusive rights. We look at the ‘Neymar’ case, in which bad faith in registering the trademark led […]

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How do you protect a website?

Nowadays it seems that if you don’t appear on the Internet, you don’t exist. For this reason, many companies invest a great deal of money and effort in creating an attractive website that grabs users’ attention and which has good usability features. The investment made in achieving those objectives is substantial and it is therefore […]

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Siege against online searches for fakes

Google has set up a new option to avoid finding sites offering counterfeit goods, allowing users to request that it review and take down sites selling counterfeit goods. This measure may prove to be very effective in preventing the visibility of sites that profit from selling fakes. You need to fill out a form provided […]

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My product was copied and I haven’t registered it.. .. Is there anything I can do?

The Unfair Competition Law establishes the possibility of taking action against copying or imitation in specific circumstances, namely, when the creations are covered by an exclusive right, when there is risk of association, or if they would be taking unfair advantage of a third party’s reputation or efforts, when this is avoidable. These days, when […]

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According to the CJEU, the reputation of a trademark is not considered when comparing its similarity to other signs

What do trademarks such as Intel, Red Bull, Visa, Hermès or Rolex have in common? They have all been recognized as trademarks with a reputation in most EU countries. As a general rule, a trademark’s reputation affords reinforced protection from third parties attempting to register identical or similar signs. However, reputation is not always relevant. […]

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Where’s my world trademark?

No. Unfortunately the following article will not be announcing a new global trademark affording worldwide protection to goods and services. No such thing exists, nor is anything like it expected any time soon. The territoriality principle governs, and will continue to govern, intellectual property rights at international level. That is, trademarks will continue to be […]

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