Category: Trademarks
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? […]
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 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 […]
How do you obtain protection of geographical indications for craft and industrial products?
EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […]
Acquired distinctiveness in trademarks: the secret is in the evidence
Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements […]