Region: Argentina

Nike obtains victory against online platform operator

In <I>Nike International Ltd v Compañía de Medios Digitales CMD SA</I>, the Federal Civil and Commercial Court of Appeals has held that the operator of the online platform <I>Mas Oportunidades</I> 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”.

24 July 2015

Gap obtains cancellation of GAL for Class 24 goods

In <I>Gap ITM Inc v Terdjman</I>, the Civil and Commercial Federal Appeals Court has held that the defendant’s registered trademark GAL was null and, consequently, ordered the defendant to cease all use of the trademark. Among other things, the court found that GAL was confusingly similar to Gap’s well-known trademark GAP.

20 May 2015

Mattress manufacturer fails to prevent registration of BEDTIME marks in Classes 3 and 5

The Court of Appeals has dismissed an opposition by Sealy, the owner of the mark BEDTIME in Classes 20, 24 and 35, against the registration of various BEDTIME marks in Classes 3 and 5 by Johnson & Johnson, but upheld Johnson’s opposition against Sealy’s application for BEDTIME in Classes 3 and 5. Among other things, the court rejected Sealy’s argument that BEDTIME was a well-known mark.

04 May 2015

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

In <I>Rodríguez v Google Inc</I>, 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.

27 November 2014

Sale of counterfeit goods is criminal offence even if forgery is self-evident

Reversing a prevailing trend in criminal trademark infringement cases, a panel of the Federal Court of Criminal Cassation has held that, irrespective of the circumstances of a case, the sale of goods bearing a forged trademark is an unlawful act punishable under the Trademark Law. Previously, the courts tended to conclude that the sale of counterfeits was not a criminal offence when consumers were not misled.

10 September 2014

Unilever ordered to cease running misleading 'official sponsor' ad

In <I>Asociación del Fútbol Argentino v Unilever de Argentina</I>, the Federal Court of Appeals in Civil and Commercial Matters has granted an injunction ordering Unilever to cease running its advertising campaign for the cleaning product Ala, on the ground that the campaign could mislead consumers into assuming that this product was an official sponsor of the Argentine national football team.

23 July 2014

Advanced Magazine Publishers prevents registration of mark containing 'glamour'

In <I>Vi Da Producciones SA v Advanced Magazine Publishers Inc</I>, the Civil and Commercial Federal Court of Appeals has upheld an opposition by Advanced Magazine Publishers, the owner of the GLAMOUR mark, against the registration of TENDENCIA GLAMOUR DISEÑO VANGUARDIA. Among other things, the court held that the mark applied for would evoke a magazine owned by Advanced Magazine Publishers.

03 July 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.

08 April 2014

Swiss embassy prevents registration of mark containing 'Switzerland'

In <i>Gloria SA v Embajada de Suiza en la República Argentina</i>, the Court of Appeals has overturned a lower court decision dismissing the Swiss embassy's opposition against the registration of LINDA SUIZA (meaning 'pretty Switzerland') for goods in Classes 29 and 32. Among other things, the court recognised that the word '<i>Suiza</i>' is officially recognised by the Argentine government as designating the Swiss Confederation.

27 January 2014

Scotch Whisky Association fails to prevent registration of 'Mac' mark for whisky

In <i>Fratelli Branca Destilerías SA v The Scotch Whisky Association</i>, the Civil and Commercial Federal Court of Appeals has rejected the Scotch Whisky Association’s opposition against the registration of MACLIN for goods in Class 33. Although whisky is an important part of Scotland’s heritage, this was insufficient to conclude that consumers would believe that products bearing the prefix ‘Mac’ originated from Scotland.

11 December 2013

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