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Cannabis brand parodies, a new bad-faith standard and more: Legal Updates from the Americas you may have missed

WTR’s Legal Updates are written by a select panel of over 160 leading experts who analyse the latest trademark-related developments and decisions in more than 60 jurisdictions.

8 Sep 2020

Trump trademark approved in Argentina; Beijing IP Court update; Gucci ‘fake not’ collection – news digest

In our latest round-up, we look at outrage over a WWE order about names and likenesses, Bumble announcing plans to go public, how counterfeiting remains a problem on Taobao, and much more.

7 Aug 2020

Arrest over fake Tokyo 2020 medals; counterfeit lemons seized; Indonesia trademark rise – news digest

In our latest round-up, we look at the Chinese government bringing live-streaming for IP services to Douyin (the Chinese version of TikTok), a shipment of counterfeit belts being seized in Louisville, and much more.

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24 Jun 2021

Federal Court of Appeals departs from usual practice in SENSORMATIC case

Until now, if a trademark owner sought a temporary assignment of a domain name containing its mark until a final decision was issued, the court usually ruled in its favour. However, in a recent case, a chamber of the Federal Court of Appeals has changed this practice. Read more

10 Feb 2021

Federal Chamber of Appeals considers protection of civil names in jewellery shop dispute

In a dispute over the use of the name Ricciardi for a jewellery store, the Federal Chamber of Appeals has ruled in favour of the heirs of Mr Luis Ricciardi, who owned a well-known Buenos Aires jewellery store. Read more

4 Jan 2021

Fame in South America: how to establish and wield well-known status

Renown is a powerful tool for trademark practitioners, but when seeking to establish and utilise it in Central and South America, local nuance is all important. Read more

18 Nov 2020

Likelihood of confusion: the business field of the parties is key

Over the past few years, Argentina’s courts have developed a new practice for the assessment of the likelihood of confusion between two trademarks registered in the same class, as demonstrated by the recent decision in Assa Abloy AB v Alvarez. Read more

Anti-Counterfeiting

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2 Jan 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more

14 Oct 2019

Eight counterfeit hotspots in Argentina that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Argentina. Read more

17 Mar 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

24 Jul 2015

Nike obtains victory against online platform operator

In Nike International Ltd v Compañía de Medios Digitales CMD SA, the Federal Civil and Commercial Court of Appeals has held that the operator of the online platform Mas Oportunidades was liable for publishing advertisements for goods that were obviously infringing. Nike had sued the operator after becoming aware that certain users were advertising Nike “replicas” and “imitations”.

Brand management

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9 Apr 2020

Cannabis-related filings reveal Argentine industries poised to benefit from new legislation

Analysis of IP activity in Argentina suggests that rights holders in the pharmaceutical, sports, cosmetics and education sectors are keen to take advantage of the country’s new regulatory framework for the medical and scientific research of cannabis. Read more

6 Apr 2020

Cannabis legislation opens the door for pharmaceutical brands in Latin America

With new legislation regulating the use of cannabis-based medicines in Argentina and Brazil, the emerging market is an open playing field for pharmaceutical brands looking to make their mark in Latin America. Read more

2 Jan 2020

From billboards to influencers: navigating new advertising rules across the Americas

Trademark experts offer insight into the advertising regimes in their respective jurisdictions and, crucially, how brands can avoid falling foul of the law. Read more

16 Dec 2019

Coincidence or corruption? Trump lawyer responds to accusation White House held off Argentina tariffs for trademark reasons

We look at the claim from nonpartisan watchdog Citizens for Responsibility and Ethics in Washington that recent trademark activity in Argentina is proof that “President Trump is for sale”. Read more

Enforcement and Litigation

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16 Oct 2020

Family of former FIFA vice-president fails to prevent broadcast of TV series depicting 2015 corruption scandal

The court of appeal in Buenos Aires has confirmed the dismissal of a petition for a preliminary injunction filed by the son and daughter of former FIFA vice-president Julio H Grondona seeking to prevent Amazon Prime from streaming the series El Presidente. Read more

12 Aug 2020

Impact of covid-19 pandemic on Argentina’s trademark practice

The major financial crisis that resulted from the covid-19 pandemic has hit Argentina particularly hard. The number of trademark applications and renewals has decreased, and trademark conflict resolution has dropped to close to nothing. However, it is not all bad news. Read more

1 Jun 2020

Trademark Office issues first opposition decisions since change in law

Argentina’s Trademark Office has issued its first decisions in opposition proceedings since amendments to trademark law and practice were introduced in early 2018. Read more

24 Jan 2020

Court of Appeals refers to "fruits" of trademark infringement in landmark decision

Referring for the first time to the profits - or “fruits” – obtained by the defendant, Argentina’s Federal Civil and Commercial Court of Appeals has imposed the highest-ever amount of damages in a trademark infringement case. Read more

Government/Policy

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29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

18 Jul 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. Read more

1 May 2019

How an emergency decree transformed the trademark landscape in Argentina

One year after a significant shift in the Argentine trademark landscape, it is time to reflect on how practitioners have adapted and what international rights holders need to know now. Read more

12 Jul 2016

New Civil and Commercial Code establishes rules on advertising

The new Civil and Commercial Code has established a set of basic rules on advertising, and with respect to comparative advertising it reflects the principles established by the Argentine courts.

Law Firms

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3 Aug 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.

IP Offices

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15 Nov 2019

New INPI resolutions on trademark applications and nullity/cancellation actions – what you need to know

Argentina’s National Institute of Industrial Property has passed two new resolutions that will have a significant impact on trademark owners and practitioners. Read more

8 Mar 2018

Assessing Argentina's emergency trademark law upgrade

A government-issued emergency decree is set to shake up trademark practice in Argentina. Key to its success will be how the Argentine Patent and Trademark Office manages the transition, so we analyse what practitioners should be mindful of going forward. Read more

28 Jun 2016

A new Civil and Commercial Code for Argentina

In August 2015, a new Civil and Commercial Code came into force in Argentina. The new code unifies certain regulations that were contained in the former Civil Code, the former Commercial Code and in a number of the laws which supplemented them.

Online

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27 Nov 2014

Supreme Court's Rodríguez v Google decision represents victory for search engines

In Rodríguez v Google Inc, the Supreme Court has ruled that search engines may be held liable for third-party content only if they fail to remove such content after having been requested to do so. Although the main issue in this case was the alleged infringement of the plaintiff’s rights to honour and image, the decision is a clear guide on how trademark owners should proceed when facing infringements online.

8 Apr 2014

New domain names regulations aim to bolster fight against cybersquatters

The registry for ‘.ar’ domain names, NIC Argentina, has been introducing changes to the way in which ‘.ar’ domain names are registered, handled and renewed. The aim is to optimise the operation of ‘.ar’ domain names and to fight cybersquatting. Among other things, NIC Argentina will now charge an official fee of between $20 and $30 for registrations, renewals, assignments and disputes. In contrast to many other countries, the registration or renewal of domains names used to be free in Argentina.

30 Mar 2010

Domain name registrants required to update their data

NIC Argentina, the registry responsible for the ‘.ar’ country-code top-level domain, has announced that it would be implementing a new system to register and administer Argentine domain names. All current registrants of ‘.ar’ domain names must update the data held for them in NIC Argentina's database by March 31 2010.

15 Jul 2009

Number of ‘.ar’ domain names limited to 200 per registrant

NIC Argentina, the registry responsible for the ‘.ar’ country-code top-level domain, has announced that it is limiting the number of domain names that any one entity can register to a maximum of 200. The registry hopes that this will put an end to the registration of ‘.ar’ domain names for speculative purposes.

Portfolio Management

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27 Jun 2019

New PTO resolution brings significant changes to Argentina’s trademark system

Resolution 123/2019 of the Argentinean Patent and Trademark Office, which clarifies some of the changes recently introduced by the amended Trademark Law and sets forth additional rules, has entered into force. Read more

30 Apr 2019

New implementing regulations introduce important changes to trademark law and practice

Decree 242/2019, which was passed by the Argentine Executive on 3 April 2019, regulates a large number of provisions of the Trademark Law, as amended in 2018. Importantly, the decree regulates the requirement to file a declaration of use within five years of the date of registration. Read more

26 Jul 2018

New INPI resolution on administrative opposition procedure - what you need to know

Following the introduction of major changes to Argentina’s trademark legislation in January, the National Institute of Industrial Property has now issued Resolution P-183, which regulates the administrative opposition procedure.

21 Mar 2018

Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina. Read more

Trademark law

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9 Apr 2018

Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title.

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

7 Feb 2018

Significant changes to trademark law and practice introduced

The government has issued a new executive order, effective as of January 12 2018, which contains amendments to the regulations on industrial property rights.

19 Sep 2017

Argentina trademark fees set to increase upwards of 50% as government attempts to curb inflation

Brand owners wishing to protect their trademark rights in Argentina should prepare for increased costs, as the country’s IP office recently implemented a two-stage set of fee rises.

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17 Sep 2021

@WTR_Alerts RT @OWNR_TRADEMARK: Emma Raducanu, the brand: why trademark protection needs to be a priority for tennis superstar. Read https://t.co/Lzzg… Read more

17 Sep 2021

@WTR_Alerts European Union - Legal Update Alert: In a victory for Apple Inc, which sought to invalidate the mark E*MESSAGE, the… https://t.co/AlKBGbjzeU Read more

17 Sep 2021

@WTR_Alerts RT @RandyMo01933793: This feature of 3M's Colette Durst in the World Trademark Review is just as inspiring as it informative! #Proud3Mer #3… Read more

16 Sep 2021

@WTR_Alerts RT @LCLD_rgrey: LCLD Diversity Professional Jeremiah DeBerry, Partner & Director of D&I #LCLDMember @Mayer_Brown, shares the three key conc… Read more

Argentina

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