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Trademarks

End of the discussion on the use of the ZARA trademark to designate a prize in an advertising contest: Trademark infringement not covered by the limitation of the effects of the trademark

The Spanish Supreme Court has concluded in its Judgment of 10 April 2024 (STS 1906/2024) that the use by Buongiorno Myalert (Buongiorno) of the ZARA sign to refer to one of the prizes which was included in the advertising campaign for its services constitutes an infringement of the reputed trademark ZARA not covered by the …

Damages, General

Strict liability arising from an interim injunction is in accordance with Directive 2004/48/EC (CJEU Judgment of 11.01.2024 in c-473/22)

On 11 January 2024, the Court of Justice of the European Union (“CJEU”) issued the expected Judgment in case C-473/22 “Mylan v. Gilead”. We say that the Judgment was expected because, following the Judgment of 12 September 2019 in case C-688/17 “Bayer v. Richter Gedeon” an attempt has been made to create some confusion regarding …

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