Region: Argentina

Local company should have known of existence of identical foreign mark when filing application

In <I>Germaiz SA v Bonomelli SRL</I> and <I>Bonomelli SRL v Germaiz SA</I>, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark.

19 April 2017

Bankruptcy is not force majeure to justify non-use

The Argentine Court of Appeals has rejected a defendant's argument that a trademark's proof of use was impossible because the prior owner was in a bankruptcy proceeding which constituted a <i>force majeure</i> event. The court stated that bankruptcy did not constitute “an unforeseeable and unavoidable event” because if it did, insolvent parties could avoid debts by arguing <i>force majeure</i>.

25 November 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 <i>WTR 1000</i> research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.

03 August 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.

12 July 2016

The right of publicity in Argentina

The new Argentine Civil and Commercial Code includes a person’s right to his or her own image and voice. This is the second article of a series of three which started with franchising, continues today with the right of publicity and the name of legal entities, and will conclude with the rules on advertising (particularly comparative advertising).

05 July 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.

28 June 2016

Stay of statute of limitations for mediation no longer applies to trademark proceedings

Recent amendments have modified the Mediation Law and the Trademark Law with respect to the term within which to seek withdrawal of an opposition or otherwise to submit a dispute to mandatory mediation prior to filing a judicial complaint for a decision on the merits.

25 February 2016

Curacid prevails in complicated dispute

An interesting decision on trademark use was recently handed down in the complicated case of <i>Curacid America Corporation v Finadiet SACIF e I</i> (Case 2591/97) and <i>Finadiet SACIFISA v Curacid America Corporation</i> (Case 1326/00).

27 January 2016

Plaintiff defeated in battle of the bakers

In <I>Andres Lagomarsino e Hijos SA v Morixe Hermanos SACI</I>, the court has rejected the plaintiff’s request for the cancellation of the defendant’s mark LA PANADERITA, and upheld the defendant’s opposition to the registration of the plaintiff’s mark PANADERA on the grounds that the marks were similar.

28 October 2015

Court of Appeals: likelihood of confusion between MELBOUR for cigarettes and well-known MARLBORO mark

In <I>Espert SA v Philip Morris Products SA</I>, the Court of Appeals has upheld a first instance decision finding that Philip Morris’ MARLBORO mark was well known, and that the application for the registration of MELBOUR for cigarettes, filed by local tobacco company Espert, was liable to cause confusion with MARLBORO.

23 October 2015

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