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Success story in which Elzaburu defends "Champagne" against "Champanillo," an issue related to designations of origin

Champagne vs. Champanillo: A Success Story That Redefines the Protection of Designations of Origin

CONTEXT: A dispute that raised questions about the scope of protection for designations of origin. The Comité Interprofessionnel du Vin de Champagne (CIVC), the organization responsible for protecting the “Champagne” protected designation of origin (PDO), discovered that the term “Champanillo” was being used to identify a chain of tapas bars in Catalonia, as well as its […]

February 19, 2026

Legal Limits on the Reuse of Festival Posters: Copyright Infringement Due to Plagiarism

Organizing cultural and festive events often involves commissioning or using creative works, such as posters, illustrations, or graphic designs. These creations are protected by intellectual property law, which requires obtaining the author’s authorization for their use. A ruling handed down by a commercial court has […]

February 11, 2026

On-Call and Rapid Response Protocol for MWC 2026, Now Also Extended to Alimentaria and Hostelco

Major international trade shows such as the 2026 Mobile World Congress involve a high concentration of product launches, technological innovations, and new products, which significantly increases the risk of disputes involving industrial property, intellectual property, and unfair competition. With the aim of ensuring effective and expeditious judicial protection […]

January 15, 2026

The Supreme Court Confirms That “dónut” and “Donuts®” Are Not the Same: Key Legal Points of the Ruling on Trademarks

The recent Supreme Court ruling confirming that “dónut” and “Donuts®” are not the same brings an end to a legal dispute that began in 2017 and sends a strong message to the market: the inclusion of a term in the dictionary does not, in and of itself, eliminate the legal protection of a registered trademark. This ruling, of enormous […]

January 8, 2026

Copyright and Co-authorship in Artists' Studios: Practical Lessons from the Supreme Court Ruling

Today we spoke with Carlos Morán, a partner at Elzaburu who specializes in industrial and intellectual property litigation and unfair competition, about a recent Supreme Court ruling that has sparked interest in the areas of copyright and co-authorship in artists’ studios. Below, Carlos answers a series of questions […]

January 7, 2026

Anniversary of the Civil Procedure Act

Litigation in Spain: From Reform to Reform Now that the implementation of the sweeping procedural reform under Organic Law 1/2025 is nearing completion—with the transformation, on December 31 of last year, of the courts of first instance into trial courts in nearly all municipalities nationwide—it is worth looking back to […]

December 4, 2025

Trademark Litigation: Legal Key Points, Examples, and Recommendations for Businesses

In an increasingly competitive and globalized market, brands not only identify products or services, but also embody reputation, trust, and commercial value. When disputes arise over the use of a brand, the outcome of litigation can directly impact a company’s viability and reputation. In this article, we review […]

The Fight Against Piracy in CrossFit: Brand Protection in Sports

Over the past decade, CrossFit has evolved from a trend in the field of functional training into a global discipline with millions of followers and more than 12,000 affiliated gyms worldwide. This expansion has been accompanied by a parallel phenomenon: the rise of piracy and counterfeiting in […]

MASC: What Changes with the Entry into Force of Organic Law 1/2025

No, this isn’t a science fiction movie. On April 3, Organic Law 1/2025 of January 7 on the efficiency of the public justice system came into effect with regard to the new Alternative Dispute Resolution Mechanisms (MASC). This means that, from now on, […]

January 13, 2025

Mobile World Congress 2025: Preparations and Protective Measures Regarding Industrial and Intellectual Property for Exhibitors

The annual Mobile World Congress, the world's largest mobile phone and technology trade show, is fast approaching. As usual, the event will take place at the Fira de Barcelona exhibition center over four days, beginning this year on Monday, March 3, and concluding on Thursday, March 6 […]

January 9, 2025

25th Anniversary of Law 1/2000 of January 7, on Civil Procedure

Some procedural reforms are merely stopgap measures designed to correct deficiencies in the system or to fill gaps that have been revealed by judicial practice. Others, however, are so far-reaching that they forever transform the nature of litigation or the organization of the judiciary. As if it were a Three Kings’ Day gift, […]

September 20, 2024

20 Years of the EU Trademark and Design Court: Future Challenges in the Wake of Brexit

After reviewing the achievements and evolution of the European Union Trademark and Design Court, in this fourth and final installment marking its 20th anniversary, we will reflect on the challenges facing this judicial body in the current context. With the United Kingdom’s departure from the European Union, the court […]

September 13, 2024

20 Years of the EU Trademark and Design Court: The Achievements of Specialization

To mark the 20th anniversary of the EU Trademark and Design Court, last week we examined the evolution of this court. To continue this commemorative series, this week we will take a closer look at the achievements made possible by its specialization. Over the years, the Alicante-based court has established a solid body of case law […]

September 6, 2024

20 Years of the EU Trademark and Design Court: Its Evolution and Subsequent Expansion

In light of the recent anniversary of the EU Trademark and Design Court, in our first installment we explored how the decision to establish this court in Alicante came about. In this second installment, we will analyze the many changes the Court has undergone during its 20 years of existence. How has it evolved both […]

September 2, 2024

20 Years of the EU Trademark and Design Court: Spain's Commitment to Alicante

September 1 marks the 20th anniversary of the launch of the European Union Trademark and Design Court, based in Alicante. At ELZABURU, we were closely involved in the launch of this court, where we have been active from the very beginning. For this reason, we will be celebrating its anniversary throughout the […]

January 24, 2024

With just a few weeks to go before the start of the 2024 Mobile World Congress, February 1 marks the entry into force of the Protocol on On-Call Duty and Rapid Response for the Courts of Barcelona and Alicante

The annual Mobile World Congress, the world’s largest mobile phone and technology trade show, is fast approaching. As usual, the event will take place at the Fira de Barcelona exhibition center over four days, beginning on Monday, February 26, and ending on Thursday, February 29. Given that […]

January 9, 2023

MWC 2023 Barcelona: Ready to Go!

The challenges, risks, and opportunities for exhibitors and holders of patents, trademarks, and designs are back as the MWC takes place in Barcelona in late February 2023! With its proverbial punctuality, the “Barcelona Commercial Court,” together with the Trademark and Design Courts of the […]

November 30, 2022

Exhaustion of trademark rights in the case of the resale of refillable products with replaced labels.

As of yesterday, the Court of Justice has issued another ruling on the exhaustion of trademark rights in cases involving the resale of the original product. The ruling stems from a preliminary ruling requested by a Finnish court in the context of a dispute between “SodaStream” and MySoda Oy regarding an alleged infringement […]

October 19, 2022

It's not so easy to back down when facing a lawsuit for infringement of European Union trademark rights

The judgment of the Court of Justice of the European Union (“CJEU”) dated October 13, 2022, in Case C-256/21 reveals that filing a lawsuit for infringement of a European Union trademark carries risks. If the trademark is vulnerable in terms of its validity, its owner risks having the […]

October 11, 2022

An Overview of Commercial Litigation Involving Foreign Companies in Shanghai

On September 29, 2013, the China (Shanghai) Pilot Free Trade Zone (FTZ) was established in the Pudong New Area, covering 120.72 km². It is a regional free trade zone established by the Chinese government. By the end of 2019, the FTZ (i) had attracted more than […]

September 14, 2022

Trademark Registration Obtained by Other Improper Means: Supreme People’s Court of the People’s Republic of China Ruling on “Penfolds” ((2021) Supreme Court Administrative Rehearing No. 252)

[Background] In July 2012, Dongfang Mingri (Jinjiang) Import & Export Co. (“Dongfang Mingri”) filed an application to register the word mark “奔富酒园” (in English: BEN FU WINERY, No. 11157214) in Chinese characters, which was granted in December 2015, designating, among other things, goods such as “wine, brandy” in Class 33. After registration, Dongfang Mingri […]

September 7, 2022

Another Step Toward the Jurisdictional Deconstruction of Industrial Property

In recent years, trademark and patent law has become a real thorn in the side of the legal system. Yesterday’s issue of the Official State Gazette (BOE), dated July 28, right at the close of the judicial year, provides us with a new example of this peculiar phenomenon. Organic Law 7/2022, passed by Parliament, introduces […]

September 1, 2022

New Jurisdictional Developments Regarding the Invalidity and Expiration of Trademarks

In just a few months, early next year, a significant legislative reform affecting the procedures for the invalidation and expiration of Spanish trademarks will take effect in Spain: these proceedings, which have traditionally been handled by civil courts, will now be managed by the Spanish Patent and Trademark Office (OEPM). They will be brought into line […]

February 7, 2022

MWC 2022 is coming up

MWC 2022 will take place in just two weeks, from February 28 to March 3, in Barcelona. This will undoubtedly be an important year for the event, which, following the unexpected cancellation of MWC 2020 due to the pandemic and the “hybrid” (in-person/digital) format of the next edition of the conference in […]

October 13, 2021

Copyright Infringement in Works of Applied Art in China

On June 30, 2021, the Supreme People’s Court of the People’s Republic of China issued the 28th batch of guiding cases, of which Case No. 157 concerned the protection of applied artworks. How are these types of assets protected?

September 21, 2021

An Important Step in Protecting Designations of Origin

For the first time, the Court of Justice has explicitly ruled in favor of extending the protection of appellations of origin to cases other than the use of similar names to distinguish products of a similar nature to those designated by the appellation of origin. Carlos Morán discusses the key points of this ruling and its implications.

Have you received the transfer yet?

In this article, Colm Ahern, a partner at ELZABURU, analyzes the functionality and practicality of so-called "transfers" of court cases and how recent legislative changes have affected the entire process.

The Mobile World Congress is back in Barcelona—with Protocolo Judicial!

Barcelona's commitment to hosting MWC 2021 appears to be firmly in place, so the "On-Call and Rapid Response Protocol for the Mobile World Congress 2021" has been published; in this article, we highlight the most relevant aspects of that protocol.

The General Court Confirms the Incompatibility of the KERRYMAID and KERRYGOLD Trademarks in the EU

In a ruling dated March 10, 2021, the General Court confirmed that the KERRYMAID trademark cannot be registered in the EU due to its incompatibility with the prior KERRYGOLD trademark.

Mahou Beats Heineken in the Battle Over “Radler Cinco Estrellas”

The Madrid Provincial Court has upheld the dismissal of the unfair competition lawsuit filed by Heineken against its competitor Mahou in connection with the advertising campaign for the launch of Mahou Cinco Estrellas Radler in the summer of 2018.

According to the CJEU, Amazon does not infringe third-party trademarks by storing products offered and sold by third parties

In December 2017, the Court of Justice of the European Union ruled that, from the perspective of competition law, the ban imposed by Coty Germany on members of its selective distribution network from offering its luxury perfumes through […] was lawful.

The CJEU Rules: Can Damages Be Sought for Infringement of a Trademark That Has Never Been Used?

Despite the health crisis spreading throughout Europe (let’s hope it won’t last long), the Court of Justice of the European Union has not suspended its work, and on March 26 it issued an interesting ruling (Case C-622/18) regarding a claim for damages arising from trademark infringement when the trademark has […]

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