Court decision analysis

Categories
All Trademarks and Designs
Subcategories
Brands Industrial Designs PGI and PDO
Comment
May 6, 2026
Scope of the limitation on the effects of the trademark.
Judgment of the Court of Justice of January 11, 2024, Inditex (C-361/22) Facts The Spanish Supreme Court has submitted a request for a preliminary ruling concerning the interpretation of Article 6(1)(c) of Directive 89/104/EEC. The request was submitted in the context of a dispute between Industria de Diseño […]
Read more
Comment
April 28, 2026
Burden of proof regarding the first sale of products from parallel imports by the trademark owner or with the owner’s consent
Judgment of the Court of Justice of January 18, 2024, Hewlett Packard (C-367/21) Facts This judgment arises from a request for a preliminary ruling submitted by the Polish courts to the Court of Justice regarding the interpretation and scope of Article 13(1) of Regulation (EC) No. 207/2009 on the Community trademark (now Article 15(1) of Regulation […]
Read more
Comment
April 15, 2026
Declaratory Action for the Non-Existence of a Trademark Infringement Due to Exhaustion of Rights
Supreme Court Decision of June 30, 2025, Ron Barceló (ECLI:ES:TS:2025:3307) 1. Facts Several beverage distributors filed a lawsuit against Barceló Comercial Internacional, S.A. and Importaciones y Exportaciones de Varma, S.A., seeking a declaration that these companies had acted unlawfully by asserting their rights to the Ron Barceló trademark to prohibit the […]
Read more
Comment
April 7, 2026
Use in replacement parts of components designed to attach emblems representing the brand
Judgment of the Court of Justice of January 25, 2024, AUDI (C-334/22) 1. Facts: AUDI, a car manufacturer, is the owner of European Union figurative mark No. 000018762, reproduced below, the protection of which extends, among other goods and services, to “land, air, and water vehicles, and parts thereof […]”
Read more
Comment
March 24, 2026
Continued Interest in Appealing Despite the Subsequent Loss of the Prior Right
Judgment of the Court of Justice of June 20, 2024, (C-801/21 P) 1. Facts On June 17, 2017, Mr. Hamid Ahmad Chakari filed an application for a European Union trademark to identify rice products in Classes 30 and 31, the graphic representation of which was as follows: Abresham Super Basmati […]
Read more
Comment
March 11, 2026
Autonomy and the Possibility of Concurrent Grounds for Absolute Nullity Relating to a Product’s Functional Form and Bad Faith
Judgment of the Court of Justice of June 19, 2025, (C-17/24) 1. Facts CeramTec GmbH is a German company engaged in the manufacture of ceramic components for medical prostheses. The company was the holder of a patent relating to a ceramic material colored with chromium oxide, which expired in August 2011. Shortly […]
Read more
Comment
March 2, 2026
Confirmation That Actions Based on Bad Faith Are Not Subject to a Statute of Limitations
Judgment of the Court of Justice of July 10, 2025, Jabugo (C-322/24) 1. Facts: Sánchez Romero Carvajal is the proprietor of the following EU trademarks in Class 29: Embutidos Monells, for its part, is the proprietor of the following Spanish national trademarks, also in Class 39: In 2016, Sánchez Romero Carvajal sued Embutidos […]
Read more
Comment
February 23, 2026
The Statute of Limitations Based on Tolerance in Trademark Matters
Judgment of the Court of Justice of August 1, 2025, Lunapark (C-452/24) 1. Facts Lunapark has been the owner of the registered trademark DRACULA for confectionery products since 2009. Prior to that registration, the company Karkkimies used the sign “Dracula” to market similar products, without having acquired any trademark rights. In 2019, Hardeco purchased […]
Read more
Load More
Contact
How can we help you?
From patents, trademarks, and copyrights to technology, contracts, data protection, and IP disputes. We analyze your needs, assign them to the most qualified professional, and provide you with a response in less than 24 hours.

    ELZABURU will process your personal data to respond to and manage your request and/or communication, as well as—if you check the corresponding box—to send you communications about our latest news, services, and other information of interest. You can exercise your data protection rights by contacting protecciondedatos@elzaburu.es and find additional information in our Privacy Policy.

    ELZABURU does not engage in collaboration models based on work-for-equity arrangements, nor does it provide its services on a contingency fee basis.