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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On 31 October 2003 Mr Tadeusz Ogrodnik (hereinafter ‘the applicant’) filed an application for registration of an EU trademark for goods in Classes 5 and 31. Registration was sought for the following figurative sign: Read More
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World Trademark Review has just launched a new publication, “WTR Global Leaders”, which shines the spotlight on the best lawyers in trademark practice. We are delighted to announce that three of Grau & Angulo’s lawyers have been named, giving us more mentioned lawyers than any other Spanish firm in the list. It is great to…
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Grifols, SA filed a lawsuit before the Barcelona courts against Algoritmos Procesos y Diseños, SA (APD) for infringement of European Patent 2.025.601/Spanish Patent 2.372.228, which protected a blister pack handling machine (the UNIBOT machine). Read More
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On 8 April 2019 Valencia Criminal Court Number 15 convicted the managers of a company operating in the souvenir industry for a crime against IP rights – namely, designs – in accordance with Article 273 of the Criminal Code. Read More
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On 8 May 2019 the Supreme Court declared a Madrid Court of Appeal judgment to be final, confirming the cancellation of Carrefour Société Anonyme’s CONTINENTE trademarks and recognising Modelo Continente Hipermercados SA’s right to register and use its CONTINENTE mark in Spain. Read More
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As a general rule, defendants in Spain must be heard before a preliminary injunction request against them can be upheld. Preliminary injunctions can therefore be granted ex parte only in exceptional cases – namely, in cases of urgency or if the hearing could jeopardise the preliminary injunction’s aim. However, in pharmaceutical patent cases, plaintiffs often…
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On 5 April 2019 Section 5 of the Barcelona Court of Appeal revoked the 21 March 2018 judgment of the Commercial Court of Barcelona Number 2, which had dismissed all of the claims filed by the owner and licensee of the MUSTELA trademark against its former distributor and various other companies. The plaintiffs had filed…
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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…
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