The fashion industry was one of the first industries to enthusiastically explore the opportunities afforded by the metaverse and NFTs (non-fungible tokens). However, the technological limitations, the lack of interest among the adult audience and the economic downturn have led the initial euphoria to peter out. Nonetheless, brands have evolved and now adopt a more […] La entrada What happened to the metaverse and NFTs in the fashion industry? apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […] La entrada When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […] La entrada How do you obtain protection of geographical indications for craft and industrial products? apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

Organic Law 1/2025, of 2 January 2025, on efficiency measures for the public justice service, promotes the use of alternative dispute resolution mechanisms in intellectual property disputes by introducing prior negotiation between the parties as a new procedural admissibility requirement. Avoiding the judicialization of conflicts is the primary goal of the lawyer. However, the use […] La entrada Mandatory prior negotiation: a new opportunity in intellectual property conflicts apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

A recent judgment by the Supreme Court concludes that a satirical thread on X (formerly Twitter) about a public figure is protected by freedom of artistic creation. Satire is an artistic genre with a long tradition in Spanish culture. Despite this, it is a form of expression that has never been devoid of controversy in […] La entrada Does satire have limits? apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements […] La entrada Acquired distinctiveness in trademarks: the secret is in the evidence apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable. According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form […] La entrada New patent possibilities emerge for natural products apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co. The conflict arose in December 2020 when Monster Energy Co. […] La entrada Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co. apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith. Cancellation decision No. C 64 100 by […] La entrada The invalidity of the trademark “Pierre Cadault”: bad faith in the registration of trademarks apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more

In order for a product to feature lawfully in audiovisual media, the placement must not affect the editorial freedom of the service provider, must not directly encourage the purchase and must be correctly identified. Several years ago, we wrote about the major headaches faced by creative teams in the film industry when using third-party trademarks […] La entrada Cut! There’s a trademark there II: How to avoid surreptitious advertising or illicit product placement apareció primero en Intellectual and Industrial Property Blog - Garrigues ..read more