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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. […]
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 […]
Literature in film: the right to transformation, inspiration or parody?
With the current boom in Spain’s audiovisual industry, we look at film adaptations of literary works and the right to transformation enshrined in Spanish intellectual property law. It is an issue that is by no means free from controversy and has, on occasion, even led to moral damages being awarded to an author when it […]
The CJEU does not require to disclosing users’ IP addresses
The Court of Justice of the European Union (CJEU) has concluded in a recent judgment, that the Directive on the enforcement of intellectual property rights (2004) does not oblige the courts of member States to disclose the IP address or telephone number of users that upload unauthorized content. However, the CJEU leaves sufficient margin for […]
Intellectual property in the Andes region: how trademarks are protected in Bolivia, Colombia, Ecuador and Peru.
The Common Industrial Property Regime of the Andean Community (CAN) to which Bolivia, Colombia, Ecuador, and Peru belong, provides a series of advantages to applicants filing trademark applications or holding trademarks in any of those countries. In addition to the various methods for obtaining protection of trademarks that enable the holder to benefit from systems […]
How to protect innovation in the cosmetics industry: patents, utility models or trade secrets?
The cosmetics industry in Spain is a clear example of innovation and competition. According to the Spanish Cosmetics, Toiletries and Perfumery Association (STANPA), Spain generates around 36% of the industry’s European patents. Companies in this field invest between 3.4% and 5% of their turnover in R+D+i, a percentage that is well above that of other […]