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THE DISTINCTIVE CHARACTER OF TRADEMARKS (MONDELEZ VS. NESTLÉ)

On 25th July 2019, the third chamber of the European Union Court of Justice annulled the registration of the three-dimensional mark of the product the four finger KitKat, which was registered in 2006 by Société des produits Nestlé, S.A. (“Nestlé”), finding that it had not been demonstrated that the image had acquired a distinctive character in four countries: Belgium, Ireland,…

WITHDRAWAL BY THE LESSEE FOLLOWING THE TACIT RENEWAL OF THE LEASE CONTRACT

I. Introduction  In a recent judgment dated 26th September 2018, the Spanish Supreme Court has ruled on whether it should be understood that the tacit renewal of a lease contract occurs monthly or annually, depending on whether an annual or monthly rent has been established in the contract, with the consequences that this entails for the purposes of withdrawing from…

Restrictions on the transfer of membership interests (shares) in limited liability companies.

The resolution of the General Directorate of Registries and Notaries (Dirección General de Registros y Notariado  – “DGRN”) dated 31st July 2018 settled the matter concerning the legality of drag-along and tag-along clauses, by pointing out the limits to the free will of the partners (shareholders) regarding establishing restrictions upon the free disposal of membership interests (shares) in a limited…

New Royal Decree-Law on Network Security and Information Systems

The new Royal Decree-Law 12/2018 on network security and information systems was published in the Spanish Government’s Official Gazette on 8th  September 2018 and entered into force on the following day. This royal decree-law is intended for establishing mechanisms, which from a comprehensive perspective, improve protection against threats to networks and information systems by facilitating the coordination of measures taken…