TRADEMARKS
OUR SERVICES
We advise and represent our clients in all type of judicial and administrative actions (including, inter alia, infringement and revocation proceedings and appeals) regarding national, Community or International trademarks (including trade names) and designs. We handle actions before the Office for Harmonization in the Internal Market (OHIM), the Court of Justice of the European Union (CJEU) and the General Court (GC).
CASE STUDIES
Revocation for non-use
We are advising a Dutch clothing retail operator with activities in various EU States in a trademark conflict with a Hong Kong based competitor. The dispute relates to the ownership in various EU countries of a brand. Our client has challenged the validity of some trademark registrations in Spain due to lack of genuine use.
Luxury goods
We have advised a French international luxury goods group regarding infringements of industrial designs of several of its shoes and a license regarding its brand of watches.
Agreement with renowned designer
We have advised a manufacturer of decorative porcelain figurines, furniture, lightning and home accessories in the negotiation of a license agreement with an international designer for the creation of a line of products.
Trademarks conflicts in the restaurant and catering sector
We have represented one of the largest contract foodservice and support services provider worldwide to recover one of its brands, which had been registered by a former partner. We also filed a trademark revocation action and a set of unfair competition actions against several individuals and entities linked to said partner, who held in turn other similar trademarks and Internet domain names. We requested several interim relief measures, which were granted by the court, to impede the use by the defendants of their contested trademarks and domain names in the market. The litigation terminated with a settlement.
Furthermore, we have represented a well-known restaurant, situated in an emblematic location in Barcelona, in unfair competition interim proceedings brought by a competitor to obtain an interim injunction order against the use of its trademark. The interim injunction was dismissed by the Commercial Court.
Trademark conflict in the consumer electronic industry
We are representing a multinational in the consumer electronic industry, as defendant, in a complex trademark infringement litigation brought by a Spanish company before one of the Spanish Community Trademark Courts (Commercial Court of Alicante). The confronted trademarks are, on the one hand, the corporate trademark of the plaintiff and, on the other, a well-known trademark of our client. The proceedings are suspended pending the resolution of various nullity proceedings at the OHIM.
Design disputes in the textile industry
We regularly advise a large, international clothing retailer on infringement of intellectual property rights (mainly designs) held by third parties. Most of the disputes are settled, but some have resulted in litigation before the courts. Furthermore, we have recently requested, on behalf of another client from the textile industry, the cancellation for non use of an international trademark with effect in Spain.