Blog
The Complex Protection of New Pharmaceutical Products in Mexico
The absence of specific regulations makes it difficult to defend the exclusivity period granted to pharmaceutical companies over the clinical trial results that allow new drugs to be brought to market. Pharmaceutical companies operating in Europe and the United States are very familiar with the concept of regulatory data exclusivity, which the European Medicines Agency […]
Game of Thrones defends its throne against Game of Döner: dragons, key piece
Reputable trademarks enjoy enhanced protection to prevent third parties from taking undue advantage of that reputation even if the services or products are not similar. The reason: to protect the investment made by trademark owners. But how far should this protection go? We analyze the case of Game of Thrones vs Game of Döner. We […]
The Glencairn glass: a case of protecting the shape and the trademark
The iconic Glencairn glass, the definitive whisky glass, will lose protection as a registered trademark this year. The EUIPO’s recent refusal to recognize its shape as a trademark underscores the difficulties involved in maintaining the legal exclusivity of products with timeless designs. The case reflects the limitations that currently exist in the protection of shapes […]
The Attack of the “Stuffed Cookie Monster” Brands
The Provincial Court of Alicante has ruled in favor of a Spanish company in a trademark infringement and unfair competition case brought against another Spanish one, in connection with the marketing of some biscuits. The court concluded that the appearance and presentation of this product infringed a well-known trademark. This case underscores once again how […]
What happened to the metaverse and NFTs in the fashion industry?
The fashion industry was one of the first industries to enthusiastically explore the opportunities afforded by the metaverse and NFTs (non-fungible tokens). However, the technological limitations, the lack of interest among the adult audience and the economic downturn have led the initial euphoria to peter out. Nonetheless, brands have evolved and now adopt a more […]
When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […]