E-commerce, intellectual property rights & COVID-19: the survival of the fittest

Fear of COVID-19 has impacted people’s habits and behaviors, which turn more frequently to the online world where they are able to find a safe harbor in these troubled times. This has prompted suppliers of goods and services’ providers worldwide to establish e-commerce stores and to update their terms and conditions, to revamp their advertising […]

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Imitations and image rights: You look familiar?

Attention comedians! Imitations of famous personalities, although common practice in the audiovisual market can create problems from the standpoint of image rights. Encarna de noche, by Martes y Trece, the unforgettable characters in Homo Zapping, the Guignols, or internationally, Saturday Night Live sketches, are just a few examples of imitations of well-known characters that form […]

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The key to patenting software: first solve the problem, then write the code

The Spanish legal system does not consider computer programs to be inventions as such, so that, in itself, software is not patentable. However, inventions implemented using a computer, this is, computer programs that solve a technical problem can be registered as patents. Therefore, the key to registration is the ability to demonstrate that executing the […]

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The Influencers’ Code of Conduct comes into force on January 1, 2021: are you aware of your obligations?

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. It clarifies doubts about ‘safe’ labels such as “ad” or “sponsored by”, when they should be used and the contractual obligations that members should follow. We summarize […]

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Messi wins the battle against the mark ‘Massi’ after a decade-long dispute

The Court of Justice of the European Union has dismissed the appeals filed by the European Union Intellectual Property Office (EUIPO) and the Spanish company J-M.E.V e hijos S.R.L., in a dispute that has lasted for almost a decade and which finally recognizes that the world-famous F.C. Barcelona player, Lionel Andrés Messi Cuccittini, holds exclusive […]

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Banksy case: registration of a trademark in bad faith and the price of anonymity

In a recent decision, the EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” for being filed in bad faith. The EUIPO ruled that at the time the application was filed, the artist had no intention of using the sign as a trademark and that he only used it subsequently to […]

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