Spain Chapter / Trademark Review Yearbook 2020/2021

– Patent, Trademark, Copyright & Design litigation – Advice on licence agreements  – Anti-counterfeiting actions – Domain name disputes – Unfair competition Authors Sonia Santos and Jesús Arribas Read the Spain chapter here   This article first appeared in World Trademark Review Yearbook 2020/21, a supplement to World Trademark Review, published by Law Business Research…

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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.…

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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…

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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…

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Copyright protection: impact of recent ECJ decision on Spanish legal framework

The European Court of Justice’s (ECJ’s) 12 September 2019 judgment in Cofemel-Sociedade de Vestuário, SA v G-Star Raw(1) is good news for EU designers, as it confirms what has already been stated by some Spanish courts – namely, that a design need not have artistic merit, aesthetic value or a particular visual attraction to qualify…

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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…

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Criminal sentence for possession of infringing FC Barcelona t-shirts

On 26 June 2019 the Madrid Court of Appeal confirmed a 29 December 2018 decision of the Madrid Trial Court Number 11, which had sentenced a Spanish resident of Chinese origin to five months’ imprisonment for the possession of 9,317 counterfeit items of clothing – including t-shirts which infringed FC Barcelona’s IP rights – for…

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