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 […]read more
The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark. One of the essential functions of a trademark is […]read more
A blow to image rights?: the Supreme Court rules on the protection of the personality rights of deceased celebrities
The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. A judgment by the Supreme Court (Civil Chamber) of June 16, 2022 (see […]read more
Influencers, bullfighting, deepfakes, AI, biopics… the Garrigues IP Blog celebrates its first birthday, covering all the hot topics.
It’s the first anniversary of the Garrigues IP Blog. An orbit around the sun full of new developments, trends and reflections on intellectual property, with the analysis of our professional experts on the subject. During this period we have been able to count on the unwavering support of our readers and subscribers to our […]read more
While 2020 brought a wealth of developments in relation to the regulation of influencer advertising (see here) and the mandatory use of the hashtag #publi when it is not obvious that the message is advertising (see here), the goalpost has been moved even further in 2021. The Advertising Standards Authority (ASA) – the British equivalent […]read more
On January 1, a new version of the Farmaindustria Code, will enter into force, replacing the current version, issued in 2016. This post aims to highlight the most striking innovations in terms of promoting prescription medicines in a digital environment, including advertising on social networks. The Pharmaceutical Industry Code of Best Practices (the Farmaindustria Code) […]read more