Category: Trademarks
Beyond litigation: strategic use of mediation in EU trademark conflicts
The EUIPO’s recent expansion of its Mediation Services represents a significant shift in how EU trademark disputes can be resolved. Instead of relying solely on adversarial proceedings, parties now have access to a confidential, flexible and business-oriented alternative that allows them to pause formal deadlines, negotiate without pressure and work toward tailored, mutually beneficial agreements. […]
Let the games begin: the video game as a key player of the entertainment industry
From a niche pastime to a global phenomenon, video games now stand as a driving force of the entertainment industry. Beyond creativity and technology, they embody a complex fusion of art, technology, and law. As multifaceted works, video games demand thoughtful legal analysis and strategic intellectual property planning from development to launch. (Video) Gaming has […]
How is Peru using IP to protect its local recipes and premium products?
Famed as a world class cultural and culinary destination, Peru has taken decisive steps to protect its traditional recipes and emblematic products using IP. Geographical indications (GI or IG in Spanish) and traditional speciality guaranteed (TSG or ETG in Spanish) labels have been introduced through INDECOPI to preserve the country’s rich gastronomic heritage. Internationally, Peru […]
Trademark squatting: when your trademark already has an owner
The Spanish Patents and Trademarks Office (OEPM) has declared the Arturo’s trademark (related to food and accommodation services) invalid, after finding the application was filed in bad faith. The agency observed that the only reason for applying for registration of the trademark was to seek a ransom from the party the applicant believed to be […]
Exhaustion of trademark rights: is it all a question of proof?
In the field of industrial property, few questions generate as many disputes as the conflict between the exclusive rights of the proprietor of a trademark and the activities engaged in by so-called “parallel importers”. In this scenario, the crucial aspect is not so much the authenticity of the product, as the legitimacy of its marketing […]
Dupe influencers and the shadow of infringement: who is accountable?
“Dupe fever” has taken over social media, but it has also raised legal alarms. Influencers who promote low-cost products that try to resemble those of major luxury brands without mentioning the name of those brands or advertising agreements, are posing new legal challenges. Where can we draw the line between legitimate inspiration and unfair competition? […]