Hoyng Rokh Monegier, a reference firm in IP in Europe, with offices in Madrid, has obtained a historic ruling in Spain regarding television formats and copyright, in the case of “El Rosco”, a television format incorporated into the “Pasapalabra” quiz show, broadcast with great success and high audience ratings on Spanish television. The news has generated a multitude of headlines in the Spanish press and media.
The IP Litigation working group of the Madrid office of Hoyng Rokh Monegier, on behalf of the Dutch group MC&F Broadcasting Production and Distribution C.V., has defended and proven that the copyright of “El Rosco”, probably the most representative test of the “Pasapalabra” contest, is owned by the MC&F group.
The ruling of the Barcelona Provincial Court orders Atresmedia to cease any action that violates the intellectual property rights of MC&F, as owner of the “El Rosco” format, and specifically, the performance of any act of reproduction, distribution or communication of the “El Rosco” format, as well as the carrying out of any act of reproduction, distribution or communication, or any television programme or audiovisual work containing a game based on that format in the whole of Spanish territory, and also compensate MC&F for material and moral damage.
This judgment is not only a milestone for MC&F, who prevailed despite the alleged res judicata effects of a previous lengthy litigation between Mediaset and ITV which was brought up to the Spanish Supreme Court, but also a reinforcement of the value of television formats as protected works, both in Spain and in the context of the European Union.
Hoyng Rokh Monegier represented MC&F with an IP Litigation team led by partner Álvaro Velázquez Saiz, along with professor and of counsel Juan José Marín, and associate Carmen Amor Cordero.