Region: Spain

Supreme Court confirms compensation of over €500,000 for using competitor’s trademark as AdWord

The defendant’s advertisement hardly allowed the average internet user to determine whether the services included in the advertisement came from the owner of the trademark or from a company financially linked to it.

12 September 2022

Malaga Court of Appeal requires first-instance court to specify bases to establish defendant’s civil liability in counterfeit clothing case

The decision emphasises that setting these bases in the first-instance judgment is especially important in IP crimes, as there are different criteria for calculating civil liability for these types of crime.

30 August 2022

Administrative revocation and invalidity proceedings to be implemented before the Spanish Patent and Trademarks Office

Substantial changes to the Spanish judicial system will come into effect as a result of administrative revocation and invalidity proceedings henceforth being held before the OEPM.

22 August 2022

Real Madrid ranked most-valuable football brand; Manchester City rises to second place

New report finds that major football clubs “are not just entertainment brands, but are also country brands”, with brand strength “similar to those of Coca-Cola and Google”.

25 May 2022

Criminal court requires defendant to pay bond of over €1.5 million during preliminary investigation phase

Although other criminal courts have used this measure in similar circumstances, setting the defendant a bond in order to meet any possible financial liabilities is still rather unusual.

20 May 2022

Online marketplaces in Spain that should be on counterfeit enforcement radars

Featured in Online marketplace counterfeit hotspots

In the next instalment of our regular series identifying the digital marketplaces that brand owners should monitor as part of their global anti-counterfeiting efforts, we head to Spain.

19 April 2022

Court of Appeal rules once again in favour of trademark holders following annulment of prior acquittal

The Madrid Court of Appeal has again sided with the trademark holders in a case involving the sale of garments bearing well-known marks at a Madrid fair.

03 February 2022

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

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