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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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…
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On 3 April 2019 the Supreme Court rejected the extraordinary appeals filed by Pfizer against a Barcelona Court of Appeal judgment, confirming the dismissal of a patent infringement action against sildenafil generics competitors in Spain. Read More
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EU Trademark Court rules on use of well-known trademarks to sell smell-alike perfumes Read More
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On 1 March 2019 the Valencia Court of Appeal, acting as a trial court, sentenced two defendants to one-and-a-half years in prison for importing thousands of pairs of counterfeit shoes for commercial purposes. Read More
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On 3 December 2018 Section 8 of the Alicante Court of Appeal, acting as the EU Trademark Court of Appeal, declared that the Ibiza Beach drink marketed by Productos Ibicencos, SL and Aromáticas de Ibiza, SL – whose bottle was highly similar to the well-known Malibu bottle – infringed The Absolut Company AB’s (TAC’s) 3D…
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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…
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