Community design courts find infringement of well-known GHD hair straighteners

On 26 February 2020 Section 8 of the Alicante Court of Appeal, acting as the Community Design Court, confirmed the infringement of Jemella Limited’s Community design which had previously been declared by the first-instance Community design court (Alicante Community Design Court Number 1). The Community design in question protected the special shape of the well-known…

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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

Queridos clientes, colegas y amigos: Ante la rápida expansión del COVID-19 y el consiguiente estado de alarma decretado por el gobierno español, GRAU & ANGULO ha adoptado una serie de medidas con la finalidad de proteger la salud de los que nos rodean y, al propio tiempo, mantener inalterado el servicio que prestamos a nuestros…

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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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