Region: Europe

Specialist chapter: Crucial Considerations for Brand Owners Contemplating Legal Action in Spain

Featured in The Trademark Litigation Review 2024

Initiating legal action in Spain, or any other jurisdiction, is a significant step for brand owners. Before taking such action, it is crucial to consider various factors and ask some key questions to ensure that the legal process aligns with your brand protection and enforcement goals.

13 February 2024

Dream is over after Court of Appeal finds infringement of Umbro’s ‘double diamond’ logo

The decision highlights that the way in which marks are viewed by consumers in the post-sale context can be determinative of infringement.

12 February 2024

Brand Strategy Summit Europe returns with world-class speaker line-up

Canon, Hasbro, Liverpool Football Club and Mars are among those sharing their expertise at WTR’s upcoming London event.

10 February 2024

CJEU: no ‘repair’ clause in EU trademark law

The so-called ‘repair’ clause, such as that existing in design law under Regulation 6/2002, was not provided for by the EU legislature in Regulation 2017/1001.

09 February 2024

IPEC ‘de-cider’ over Aldi’s lookalike packaging leaves a sour taste for brands

The IPEC dismissed Thatchers’ claims for trademark infringement and passing off, despite finding that Aldi had deliberately adopted a similar packaging.

08 February 2024

Joint European Commission-EUIPO report on detentions of products infringing industrial and IP rights

Detentions of goods suspected of infringing industrial and IP rights at the EU border decreased by 15% compared to 2021. However, the value of the products increased by 11%.

08 February 2024

UK government sets aside plan for AI and copyright code of practice

After eight months of talks, industry leaders in the United Kingdom’s tech, media and creative industries have been unable to agree on a voluntary code of practice for AI developers.

07 February 2024

Court of Appeal upholds IPEC decision in anti-ageing serum dispute

The decision broadens the scope of passing-off claims, demonstrating that misrepresentation can lead to damage beyond specific marks or get-ups.

07 February 2024

Tobacco plain packaging spreads around the world; “no indication” of move to other product categories

A new report has revealed the extent to which health warnings and plain packaging on tobacco products have continued to spread around the globe.

06 February 2024

General Court rebukes Board of Appeal in LABKABLE opposition

The court rejected the board’s core argument that the conceptual differences between the signs at issue were sufficient to offset their aural and visual similarities.

06 February 2024

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