Ms Julia Carretero

Julia Carretero

Lawyer biography

Training
Graduate in Law from Barcelona University in 2008.
 
Master in International Studies from Barcelona University in 2011 (thesis on “Una Patente para la Unión Europea” – One patent for the European Union).
 
Later she took a Master in Intellectual Property and the Information Society at ESADE Faculty of Law, in 2012-2103.
 
Professional Experience
After a period of work experience with Grau & Angulo in 2012, Julia joined the office in 2013.
 
Earlier she did work experience in the Council of Europe and the European Court of Human Rights in Strasbourg.
 
Areas of Activity
Trade marks, unfair competition and domain names.
 
Publications and Lectures
  • General Court upholds AQUALOGY mark - World Trademark Review (April 2016)
  • Barcelona Commercial Courts adopt Mobile World Congress protocol - International Law Office (February 2016)
  • Sephora fails to prevent registration of mark consisting of two undulating lines - World Trademark Review (December 2016)
  • IP in business transactions: Spain overview - Practical Law, Thomson Reuters (July 2015) co-authored with Dalia Ferrando
  • Patents, trademarks, copyright and design in Spain: Overview - Practical Law, Thomson Reuters (July 2015) co-authored with Dalia Ferrando
Languages
Spanish, English, French, Italian and Catalan.
 
Professional Associations
Member of the Barcelona Bar Association.
 

Updates

Intellectual Property

EU Trademark Court rules on use of well-known trademarks to sell smell-alike perfumes
European Union | 06 May 2019

Section 8 of the Alicante Provincial Court (acting as the EU Trademark Court) recently dismissed Equivalenza Retail, SL's appeal against the Alicante Commercial Court Number 2 judgment in which it had been sentenced for infringing various perfume trademarks owned by Hugo Boss, Gucci and Lacoste in the context of its smell-alike business. Equivalenza had used the trademarks both in comparison lists and orally in commercial speech.

Appeal court stresses importance of drawings for defining a patent's scope of protection
Spain | 23 July 2018

The Madrid Court of Appeal (Section 28) recently confirmed the dismissal of a patent infringement action filed by PERI GmbH against Spanish company Sistemas Técnicos de Encofrados (STEN). The court held that a patent's scope of protection is determined by its claims and that the patent description and drawings must be considered in an interpretation of the claims. In light of this, the court concluded that STEN's scaffolding did not infringe PERI's patent.

New ruling in case involving use of well-known trademarks in sale of smell-alike perfumes
European Union | 24 April 2017

EU Trademark Court Number 2 of Alicante recently upheld the lawsuit filed against Equivalenza for its use of trademarks belonging to Hugo Boss, Gucci and Lacoste in its sale of alleged smell-alike perfumes. Despite an earlier conviction for third-party trademark use, Equivalenza did not change its business model. Consequently, the court ordered it to cease and desist offering, marketing and promoting its perfumes using the plaintiffs' trademarks, among other things.

EU Trademark Court confirms that use of well-known trademarks to sell smell-alikes is infringing
European Union | 06 February 2017

The EU Trademark Court Number 2 of Alicante recently upheld a lawsuit against Yodeyma Parfums SL for offering and marketing smell-alike perfumes identified by using comparison lists containing the plaintiffs' well-known trademarks. This decision is clearly in line with the findings of the EU Trademark Courts Number 1 and 2 and the EU Trademark Court of Appeal.

Barcelona Commercial Courts adopt Mobile World Congress protocol
Spain | 15 February 2016

​Due to the intense competitiveness of the mobile communications sector, industrial or intellectual property rights infringements can sometimes arise. In light of this, the Barcelona Commercial Courts have adopted a protocol for exhibitors at this month's Mobile World Congress that suspect infringement of their rights.

Court declares infringement of revoked trademark
Spain | 29 June 2015

Section 15 of the Barcelona Court of Appeal has partially upheld an appeal declaring that the plaintiff's trademark be cancelled for lack of use and that the defendant's trademark was invalid. However, it also found that the plaintiff's revoked trademark had been infringed by the defendant. The case involved a trademark for goods in Class 25, which covers clothing, footwear and headgear.