Region: Argentina

POWER TOOLS mark outmuscles infringing POWER PLUS mark

The Federal Court of Civil and Commercial Appeals has held that the mark POWER PLUS for machine tools was infringing the mark POWER TOOLS registered for the same type of products. The court found that the term 'power' is generic to the products to which the marks apply and the additional element 'plus' did not distinguish the defendant's mark from that of the plaintiff.

08 February 2006

Neutrogena fails to rinse TAR-GEL mark off of the register

The Federal Court of Appeals has dismissed an action filed by Neutrogena Corporation calling for the cancellation of the trademark TAR-GEL. Neutrogena filed the motion following the owner of the TAR-GEL mark's opposition to Neutrogena's application to register T/GEL. The court concluded that Neutrogena had failed to prove that the TAR-GEL mark owner knew of its T/GEL mark prior to registering TAR-GEL in Argentina.

27 January 2006

SUTTER Case sees first decision to be based solely on dilution

In <i>Sutter Finanziaria SpA v Suter SA</i>, the Federal Civil and Commercial Court of Appeals has rejected an application to register trademarks incorporating the name 'Sutter' on the basis that they diluted the well-known mark SUTER. This appears to be the first time that a case has been decided in Argentina solely on the basis of dilution.

15 December 2005

Fair comparative advertising legal, confirms appellate court

An appellate court has revoked preliminary injunctions preventing Argentine beer company CASA Isenbeck from broadcasting commercials and using print advertisements in which it mentioned the brand name of a competitor. The court held that comparative advertising is not infringing provided that it does not denigrate or discredit the competitor's mark.

07 July 2005

'.ar' domain name registrations must now be renewed

NIC Argentina, the registry for the '.ar' ccTLD, has announced that from June 1 2005 '.ar' domain name registrations will need to be renewed. The original registration rules provided for renewals but the procedures had been suspended as NIC Argentina did not have the infrastructure to handle them.

13 May 2005

Use of sports club's marks on magazine covers is infringing

Argentina's Federal Court of Appeals has reversed a first instance decision, finding that Editorial Atlántida SA's use of Club Atletico Boca Juniors' word mark, logo and combination of colours on the cover of a sports magazine supplement was not protected under the constitutional right of free speech and amounted to trademark infringement.

22 April 2005

CORDURA for yarns outperforms CORDURA for bags

Argentina's Federal Court of Appeals has upheld science company DuPont's cancellation action against a registration owned by Topola SA for the mark CORDURA in Class 18 of the Nice Classification, based on DuPont's earlier registration for an identical mark in Class 23. It also dismissed Topola's oppositions to applications filed by DuPont in Classes 18 and 24 for variations of its CORDURA mark.

24 March 2005

TV parody led to damage to trademark owner, rules court

In <i>Noverasco v Televisión Federal SA</i>, Argentina's Federal Court of Appeals has ruled that a comedy sketch parodying the plaintiff's trademark, which was broadcast on a television programme produced by the defendant, caused damage to the plaintiff. The court held that although no actual damage had been proven, the plaintiff had suffered emotional distress as a result of the broadcast.

08 December 2004

VIAGRA stands up to VAGRAN challenge

Argentina's Federal Court of Appeals has rejected Finadiet SA's opposition to pharmaceutical company Pfizer Products Inc's application to register the mark VIAGRA. The court found that VIAGRA is not confusingly similar to Finadiet's earlier VAGRAN mark.

21 October 2004

Court rules for the first time that smells are registrable as trademarks

An Argentine first instance court has for the first time ruled that smells may be registered as trademarks in Argentina. The court found that smells can meet the distinctiveness requirement of Argentina's Trademark Law. The decision is final and has not been appealed.

06 September 2004

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