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ARTICLE · 21 AUGUST 2017

Commercial Brochure Not Protected By Copyright In Spain

Global Advertising Lawyers Alliance (GALA)
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Copyright is not an exact science, it depends on the particular features of the author's work, we all know that.

SpainIntellectual Property

Copyright is not an exact science, it depends on the particular features of the author's work, we all know that. However, some works are more difficult to judge than others, and the opinion about its legal protection may change from our court to another. 

Here we have an example of that. The Spanish company Euro depot, S.A., part of Kingfisher Group, operating "Brico Depot" stores (DIY and renovate products) brought a lawsuit in 2007 against its competitor Bricolaje Bricoman, S.L. running also DIY stores under the trademark "Bricomart". The conflict related to one of the commercial catalogues published monthly by Brico Depot, which, in its opinion, was plagiarized by Bricomart because the structure, selection of contents, pictures and texts were very similar in both leaflets, and therefore this behaviour should be considered a copyright violation, and also an unfair competition act. 

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