COVID-19

Dear clients, colleagues and friends: In light of the rapid spread of the COVID-19 virus and consequent state of alarm called by the Spanish government, GRAU & ANGULO has adopted a series of measures in order to protect the health of those around us while at the same time provide constant service to our clients.…

Barcelona court confirms legitimacy of Tommy Hilfiger’s use of TH sign

On 4 December 2019 the Barcelona Commercial Court No 6 dismissed an action for trademark infringement brought against Hilfiger Stores Spain, SL (HSS) and upheld its counterclaim, declaring partial revocation for non-use of the plaintiff’s Spanish trademark registered for clothing, footwear and hats (Class 25) and leaving it registered exclusively for “occasion hats” and “women’s…

Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case

On 22 July 2019 Section 15 of the Barcelona Court of Appeal declared that Red Paralela SL and Red Paralela BCN SL (together, Red Paralela) had infringed Schweppes International Limited’s Spanish SCHWEPPES trademarks by importing and commercialising Schweppes-branded tonics in Spain which had been manufactured in the United Kingdom by Coca-Cola/Atlantic Industries (together, Coca-Cola), the…

Conviction for sale of fraudulent software

On 5 July 2019 the Oviedo Court of Appeal (Section 3) confirmed a trial court decision which had: found the defendant guilty of copyright infringement; sentenced him to six months’ imprisonment; and ordered him to pay the plaintiff’s court costs and damages of an amount to be determined during the enforcement of the sentence on…

Important changes to Copyright Act

Act 2/2019 of 1 March 2019 has modified the consolidated text of the Copyright Act (1/1996) of 12 April 1996 and incorporated the following EU directives into the Spanish legal system: EU Directive 2014/26/EU on the collective management of copyright and related rights and the multi-territorial licensing of rights in musical works for online use…

General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

DPG opposed registration of mark representing bottle and arrow in Classes 35, 40 and 42 based on earlier mark representing can, bottle and arrow in same classes. Board of Appeal found that likelihood of confusion could not be excluded. General Court agreed, finding that common figurative elements were likely to be remembered by consumers, even though they…

Barcelona Court of Appeal confirms validity and infringement of Nescafé Dolce Gusto patents

On 8 February 2019 the Barcelona Court of Appeal confirmed the January 2018 Barcelona Commercial Court Number 5 decision which had declared European Patent 1.472.156 (Spanish Patent 2.260.626) (EP’156) and European Patent 1.808.382 (Spanish Patent 2.407.963) (EP’382) – both of which related to Nescafé Dolce Gusto capsules – to be valid and infringed by Fast…

Barcelona patent court finds oxycodone and naloxone patent invalid due to added matter

On 19 December 2018 Barcelona Commercial Court Number 4 dismissed a patent infringement action brought by Mundipharma against two generics of its oxycodone and naloxone medicinal product for the treatment of pain (Targin) and upheld the defendants’ counterclaim that the asserted patent was invalid. Facts Mundipharma holds European Patent EP2425825 (EP’825), entitled ‘Pharmaceutical preparation containing…

Spain Chapter / Trademark Review Yearbook 2019/2020

  – Patent, Trademark, Copyright & Design litigation – Advice on licence agreements •Anti-counterfeiting actions – Domain name disputes – Unfair competition Authors Sonia Santos and Jesús Arribas   Download   This article first appeared in World Trademark Review Yearbook 2019/2020, a supplement to World Trademark Review, published by Globe Business Media Group – IP Division. To view the…

Two new partners at Grau & Angulo

Grau & Angulo is pleased to welcome two new partners, Ignacio Marqués and Carlota Viola, who have been promoted as of January 2018. Both lawyers hold crucial roles in the firm’s development. Ignacio works in matters relating to patents, trademarks, design, copyright, unfair competition and advertising where he has a wealth of experience both as…