Category: Trademarks
The Supreme Court confirms that a third party may not use the ZARA trademark.
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. A recent judgment from the Supreme Court has condemned Buongiorno for reproducing the ZARA trademark on a gift card offered as […]
The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law. The world of fashion design, in which aesthetics are woven into practicality, […]
Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question (Case C-361/22) raised by the Spanish Supreme Court in the proceedings between […]
If your trademark has been registered for more than 5 years, you will have to be able to prove that it has been used
In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. As the proverb says: “Caesar’s wife must not only be honest but must also be seen […]
Can an advertising slogan function as a trademark?
The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark. One of the essential functions of a trademark is […]
Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products
For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for […]