Region: Spain

Proposed amendments to the three basic industrial property laws: what you need to know

The purpose of the amendments is to offer greater legal certainty and clarify some confusing aspects.

24 January 2022

Supreme Court clearly rejects ‘consumer error’ theory

In a case involving the sale of fake adidas garments, the Spanish Supreme Court has clearly and vehemently dismantled the ‘consumer error’ theory - a long-standing bone of contention in IP litigation in the country.

04 November 2021

Valencia Court of Appeal sentences defendant for manufacturing and offering counterfeit handbags

The court sentenced the defendant to three years’ imprisonment and a fine, taking into account that the latter was a repeat offender and due to the large volume of goods seized.

31 August 2021

Brand Lionel Messi: the IP implications of the footballer’s FC Barcelona departure

WTR reveals that Messi owns the most trademark registrations of any football player, so his next move will be a commercial boon for whatever club manages to secure his services.

09 August 2021

Supreme Court confirms that use of third-party trademarks for smell-alike perfumes is unlawful

The Supreme Court has dismissed the appeal filed by smell-alike perfume company Equivalenza over claims of trademark infringement. The court, referring to L’Oréal v Bellure, held that Equivalenza took advantage of the reputation of perfumes of well-known brands.

29 July 2021

Spain

Featured in World Trademark Review Yearbook: A global guide for practitioners 2021/2022

Distinctive signs are principally governed by the Trademark Act (17/2001), which was partially modified by Royal Decree-Law 23/2018 in order to incorporate EU Directive 2015/2436, and it is complemented by Royal Decree 687/2002, which was also modified by Royal Decree 306/2019 in order to adapt to the Trademark Act as amended.

29 July 2021

One in five consumers would boycott brand after mistaken counterfeit purchase, report finds

A new report on counterfeiting in the beauty and personal care industry reveals some worrying statistics on consumer awareness of fake goods online, highlighting the dangers to both customer safety and brand reputation.

29 June 2021

FC Barcelona and Man Utd are brand champions – the football clubs and players with the largest trademark portfolios revealed

Exclusive research from WTR can reveal that Manchester United has the largest football brand portfolio in the world, with Lionel Messi boasting the most significant number of registrations for a single player.

18 May 2021

Catalonia High Court of Justice confirms lack of likelihood of confusion between DYNAMIC SANTIVERI and DYNAMIN trademarks

Pharmaceutical company Laboratorios ERN has failed to prevent the registration of the mark DYNAMIC SANTIVERI in Class 5 based on its earlier mark DYNAMIN, which also covered Class 5 goods.

06 May 2021

Court of Appeal declares nullity of acquittal due to incorrect interpretation of IP crime

In a case involving the sale of fake garments at a fair, the Madrid Court of Appeal has found that the Trial Court had wrongly qualified the offence as a misdemeanour against intellectual property - rather than as a criminal offence.

30 April 2021

Get unlimited access to all WTR content