On January 14, 2022, the draft reform to the Organic Law 6/1985, of 1st July, on the Judiciary, for Commercial Courts (LOPJ) was published. The proposed amendment has a particular impact on our field, as it affects Articles 74.1 and 82.2. 3 LOPJ. In fact, the...
The European Unitary Patent, which will allow to have a common protection for all Member States, has taken a step forward towards its implementation. After the ratification of Austria, on January 19, 2022, the Protocol to the Agreement on a Unified Patent Court on provisional application...
This 14 January marked two years since the entry into force of Decree-Law 23/2018 amending the Spanish Trademark Law 17/2001 (LM). Among other amendments, the possibility was included for the applicant, as way of defense, to require the opponent to submit evidence of use of the...
About a year ago, CURELL SUÑOL reported news that had hit the European trademark scene: the cancellation of the European Union figurative mark No. 12575155 “The Flower Thrower” of the well-known artist and graffiti artist Banksy, its author, who operates through the British company Pest...
Human creativity is very much present when a trademark is devised. The wide range of signs used to distinguish our products from those of competitors in the market may be found in the type of trademarks which are filed. Apart from the traditional trademarks consisting...
Fashion is constantly renewed, even within the same season the cuts, prints, colors, etc. change. Behind these trends there is an intense work of inspiration, a stimulus that encourages the creative work. But how are these results protected? And, in case of imitation, what can their...
Singular 3D shapes applied to products can function as brand identifiers and proof of this is that, regardless of any other mark appearing on the shapes, everybody recognizes the Coca-Cola bottle , the Toblerone chocolate bar or the Duracell battery. However, 3D shape marks can be...
Can the technique of framing of works protected by copyright constitute an act of communication to the public of those works? In 2019, the Court of Justice of the European Union (CJEU) was called upon to interpret the concept of “communication to the public” in the...
Recently, the WIPO Arbitration and Mediation Center has issued a domain name decision concerning the domain “sanofi.sucks” registered by Privacy Hero Inc. among other companies. The domain was used for a blog in which third parties left comments and criticisms about the practices of the French...
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