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LIKELIHOOD OF CONFUSION BETWEEN THE TWO EU TRADEMARKS: OSBORNE AND BADTORO

On September 20, the General Court of the European Union (hereinafter the “TGUE” or “General Court”) ruled against Group Osborne, S.A. (hereinafter “Osborne”), which had obtained a positive decision related to its claim before the EUIPO (European Union Intellectual Property Office) for the revocation of the registration of the figurative mark “Badtoro” by Jordi Nogués, S.L. Jordi Nogués, S.L. applied for…

THE “PRIVATE COPYING LEVY” IS DECLARED NULLY BY THE HIGH COURT

Since 2012, through Royal Decree 1657/2012, the private copying levy for private copying in Spain has been covered by public funds, that is, by an annual fixed allocation from the national budget. As a consequence of the application of the system of public financing, Spanish copyright management entities received annually 5 million Euro from the national budget, compared with 115…

THE EU COMMISSION: NEW COPYRIGHT RULES FOR THE CULTURAL FUTURE OF EUROPE

In his speech on the State of the Union 2016, the President of the EU Commission stated the following: “I want journalists, publishers and authors to be paid fairly for their work, whether it is made in studios or living rooms, whether it is disseminated offline or online, whether it is published via a copying machine or commercially hyperlinked on…

INTERNET ADVERTISING: CAN A TRADEMARK BE USED AS KEYWORD IN AN INTERNET SEARCH ENGINE?

The answer to the enounced question is YES. In the following lines we will briefly expose the limits set out by the case law of the Court of Justice of the European Union (CJEU), followed by the Spanish Supreme Court, for the use of the trademark of a competitor as keyword in internet search engines, so that when internet users…

THE PROTECTION OF KNOW-HOW AND BUSINESS INFORMATION (TRADE SECRETS)

Hitherto, there was no specific and coordinated EU legislation regulating the protection of secret business and technical information from dishonest practices intended for misappropriation, copy, espionage, breach of confidentiality requirements, etc. We refer to those undisclosed high value technical or business knowledge which has not been protected by means of intellectual property registration, but which is aimed at being kept…