Blog
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 […]
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 […]
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 […]