Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products

For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for […]

God Save the Queen: what will happen to the Royal Warrants granted by the late Queen?

Royal Warrants of Appointment are granted to companies or traders that supply products and services to the Royal Household. In this post, we will look at what will happen to these distinctions now that the Queen has passed away. Following the sad loss of Queen Elizabeth II of the United Kingdom, an icon among the […]

The protection of plant varieties transcends borders

The importance of agriculture in the economies of countries such as Spain or those of Latin America has led to growing concerns to legally protect research and innovation in this field. In this context, protecting plant varieties is a way of ensuring and recognizing the development of new varieties, while also safeguarding the recognition of […]

Beauty filters on Instagram are in the spotlight: are they misleading?

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 […]

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 […]