Spain, Grau & Angulo updates

Intellectual Property

Contributed by Grau & Angulo
Catalonia High Court of Justice confirms grant of DYNAMIC SANTIVERI trademark
  • Spain
  • 10 May 2021

The Catalonia High Court of Justice recently dismissed a contentious-administrative appeal which had been filed on the grounds of incompatibility between the trademark DYNAMIC SANTIVERI and the earlier trademark DYNAMIN. The court found that sufficient denominative and applicative differences existed between the two trademarks to avoid any likelihood of confusion in the mind of a general consumer and thus confirmed the grant of the DYNAMIC SANTIVERI trademark.

Second-instance court nullifies acquittal due to incorrect interpretation of IP crime
  • Spain
  • 26 April 2021

The Madrid Court of Appeal recently nullified a first-instance trial court judgment which had acquitted the defendants of a criminal offence. The appeal court found that the trial court had been wrong to declare the facts of the case as a misdemeanour against intellectual property (and not a criminal offence) and determine that the statute of limitations for misdemeanours had lapsed.

Barcelona Court of Appeal confirms legitimacy of Tommy Hilfiger's use of TH sign
  • Spain
  • 19 April 2021

In a recent judgment, the Barcelona Court of Appeal confirmed the judgment of Barcelona Commercial Court 6 which dismissed a trademark infringement action brought against Hilfiger Stores Spain (HSS), SL. The appeal court partially upheld HSS's counterclaim against the plaintiff's trademark – which was registered for goods in Class 25 (ie, clothing, footwear and hats) – for cancellation on grounds of non-use. The trademark was revoked for clothing and footwear but remains registered for hats.

Appeal court confirms criminal conviction for commercialisation of infringing products
  • Spain
  • 01 February 2021

In its judgment of 14 October 2020, the Madrid Court of Appeal confirmed the condemnatory judgment of Madrid Trial Court Number 25 for a crime against industrial property under the Criminal Code. The proceedings arose after 8,189 products which illicitly reproduced the marks of various musical groups, including Iron Maiden, were seized from an establishment that was open to the public and whose administrators and managers offered, distributed and commercialised the products at the retail level.

Superior Court of Justice confirms criminal conviction for wholesale and retail sale of fake garments
  • Spain
  • 25 January 2021

In an October 2020 judgment the Civil and Criminal Section of the Superior Court of Justice of Madrid largely dismissed the brief of appeal filed by the defendant against the convictional judgment, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence, a fine and payment of the damage compensation and legal costs of private prosecution for the commercialisation of products that infringed Adidas's Community trademarks and designs.

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