European Union – Grau & Angulo May 24 2018 In El Corte Inglés SA v EU Intellectual Property Office (EUIPO) (Case T-241/16, May 4 2018), the General Court has annulled the decision of the Second Board of Appeal of the EUIPO, thereby allowing the registration of the EU figurative mark EW. Read More
Spain – Grau & Angulo May 23 2018 On February 23 2018 the Barcelona Court of Appeal dismissed the writ of appeal filed by an online seller of counterfeit shoes against a condemnatory judgment issued by Barcelona Trial Court Number 9 on October 27 2017, confirming the judgment in its entirety. Barcelona Trial Court Number…
The Mobile World Congress (MWC) took place in Barcelona from February 26 to March 1 2018 (for further details please see “Courts adopt specific protocol for protecting IP rights during MWC 2018”). Read More
On December 12 2017 Barcelona Commercial Court Number 5 revoked a preliminary injunction which had been granted ex parte at the request of Merck Sharp & Dohme BV (MSD) against Laboratorios León Farma and Exeltis Healthcare for alleged patent infringement.
On March 7 2018 the Supreme Court confirmed the revocation of the collective trademark BARCELONA – whose registration had been sought in all classes of the Nice Classification – due to its lack of distinctiveness.
On January 9 2018 Barcelona Commercial Court Number 5 upheld the patent infringement action filed by Société des Produits Nestlé against Fast Eurocafé, SA on the basis of European Patent (EP) 1.472.156/Spanish Patent 2.260.626 (the ‘156 patent) and EP 1.808.382/Spanish Patent 2.407.963 (the ‘382 patent). Read More
In 2017 the EU Trademark Regulation (2017/1001) and the Spanish Patents Act (24/2015) entered into force. Both pieces of legislation have affected EU trademark and Community design litigation in Spain. The EU Trademark Regulation is a codified version of the previous EU Community Trademark Regulation (207/2009), taking into account the modifications made by EU Regulation…
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