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In Judgment 1505/2025, the Supreme Court analyses the use of the term ‘Donut’ by a competitor that markets ring-shaped pastry under another trade mark. Although previous instances considered the use to be merely descriptive, the Supreme Court rejects this on the grounds that it is a reputed trade mark, which triggers enhanced protection. This protection requires avoiding any unfair use of the prestige or distinctive character of the trade mark. The court concludes that the use made was not fair and may involve parasitism and dilution.

19 Dec, 2025

PUBLICATION

Highlights of the OECD Model Tax Convention on Income and on Capital update

The new update to the OECD Model Tax Convention on Income and on Capital incorporates regulatory adjustments, interpretative clarifications and additional criteria in response to recent developments in international taxation. It addresses relevant issues relating, among other things, cross-border teleworking, the exploration and exploitation of natural resources, transfer pricing aspects of financial transactions or information received through exchange of information.

18 Dec, 2025

PUBLICATION

Prepared for the 2026 Mobile World Congress?

The protocol, agreed jointly by the Courts of Barcelona and Alicante, provides for priority handling of applications for pre-trial examination and fact-finding orders, as well as applications for interim measures —with or without a hearing— in matters relating to patents and technological innovations, industrial designs, trademarks and copyright, as well as antitrust, unfair competition and unlawful advertising, when linked to products or presentation, display, promotion, offering or sale activities connected to MWC 2026.

18 Dec, 2025

PUBLICATION

New audit actions linked to advanced cooperation mechanisms in tax matters: special reference to ‘joint audits’

Recently, the Tax Agency’s departments have been altered in order to, among other things, adapt their roles and responsibilities to new forms of tax-related administrative cooperation —covered by Council Directive (EU) 2021/514 (DAC7) and transposed into the Taxation Act —. Among these, we highlight in this commentary the importance of joint audits, recalling their main characteristics and analysing some of the problems that their implementation may pose

17 Dec, 2025

PUBLICATION

Interruption of limitation period in respect of non-sued (eventually jointly and severally liable) co-debtors (Supreme Court Judgment no. 1496/2025 of 27 October 2025)

The Supreme Court holds that mere knowledge that the limitation period has been interrupted in relation to another eventual joint and several co-debtor is equivalent to interruption. This doctrine will not be justified in most cases.

17 Dec, 2025

PUBLICATION

Direct harm due to de facto expulsion: Article 241 of the Companies Act (Supreme Court Judgment, First Chamber, 22 October 2025)

This paper analyses the subject matter scope of application of a ‘director liability to shareholder claim’ (claim for payment of damages filed by a shareholder against a company director). Although, as a general rule, shareholders cannot claim compensation for the harm caused to their share in a company’s estate, compensation for de facto expulsions or harm to liquidating dividends may be awarded through a director liability to shareholder claim.

15 Dec, 2025

PUBLICATION

Do consumer associations have universal locus standi? On the subject of two orders issued by the Provincial Court of Barcelona regarding the ‘car cartel’

The universal standing of consumer associations has no legal basis and creates perverse effects.

11 Dec, 2025

PUBLICATION

Pharma & Healthcare No. 46

The newsletter covers the main developments in Pharma & Healthcare legislation and case law.

09 Dec, 2025

PUBLICATION

Regulatory implementation of internship agreements (Royal Decree 1065/2025)

The Government approves royal decree that implement important aspects of internship agreements, such as the maximum number of internship agreements per workplace, the content of individual training plans, details on mentoring processes, and limits on their use.

04 Dec, 2025

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We accompany our clients wherever they are going following the “one-stop-shop” philosophy, and when necessary, working hand in hand with leading firms in each relevant jurisdiction.

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