Region: Venezuela

Court grants rare interim injunction in IP dispute

In a significant decision for the IP community, the Second Administrative Court has granted an interim injunction suspending the legal effect of four trademark registrations granted to a Venezuelan entity in violation of the claimant’s IP rights. It is not common - almost unheard of - for the Venezuelan courts to grant interim injunctions in IP disputes.

01 November 2013

Supreme Court of Justice reaffirms fundamental principles of trademark law

The Supreme Court of Justice has reaffirmed some of the fundamental principles of trademark law - namely those relating to the presumption of ownership of a trademark, the limits of the exclusive rights to use a mark and the impossibility of registering generic signs. The plaintiff in this case sought to prevent the defendants from using the mark VALE based on its rights in the marks VALEVEN and VALEVEN ALIMENTACIÓN.

11 July 2013

Tobacco company stops unauthorised use of trademark on Facebook

Tobacco company CA Cigarrera Bigott Sucs, the owner of the well-known mark BELMONT, has successfully obtained the removal of a profile using its trademark as an identifier on the social network Facebook. The unauthorised use of the BELMONT mark on the social network could have exposed Bigott to the possibility of being investigated for failure to comply with the relevant regulations on tobacco advertising.

20 February 2012

New Sports Law will have negative impact on commercial sponsorships

The new Venezuelan Sports Law, which is intended to regulate sponsorship within the Venezuelan sports industry, is expected to have a negative impact on that industry. Problematically, until the implementing regulation is passed, there is a legal void as to what local or foreign companies willing to sponsor athletes should do.

21 October 2011

Court confirms protection of IP rights despite deficient legal framework

A Venezuelan court has granted Babyliss, the well-known French manufacturer of hair care appliances, the possibility to take precautionary measures against a business located in Punto Fijo, one of Venezuela’s free-trade zones. This resulted in the seizure of 588 counterfeit hair straighteners.

02 September 2011

Supreme Court repeals Andean legislation on industrial property

The Civil Chamber of the Supreme Court has held, in a detailed and explanatory decision, that after the expiry of the 180-day period following Venezuela's withdrawal from the Andean Sub-Regional Integration Agreement, “rights and obligations created under the Andean integration stopped in the Bolivarian Republic of Venezuela”.

20 June 2011

Amendment to Act against Smuggling Crimes is passed

An amendment to the Act against Smuggling Crimes has been published in the <i>Official Gazette</i>. The amendment seeks to criminalise and punish acts and omissions that constitute criminal or administrative smuggling acts, and strengthen controls over customs officers and their assistants.

24 March 2011

Advertising company successfully enforces mark, despite it being descriptive

A court has ordered an advertising company to refrain from using the trademark PUBLICIDAD ALTERNATIVA, which is owned by Publicidad Alternativa 2025 CA, a company offering non-traditional advertising options. The defendant was offering non-traditional advertising services under the mark and had incorporated a company under the name Publicidad Alternativa CA.

14 October 2010

Commercial advertising prohibited in cultural locations

A resolution of the Ministry of Culture prohibiting all advertising and commercial propaganda, or any form of communication that might be perceived as such, at institutions or entities affiliated to the ministry, has been published in the <i>Official Gazette</i>. Lack of compliance with the resolution will result, when necessary, in administrative and/or disciplinary penalties.

25 June 2010

KLINTEX and CLITEX held to be confusingly similar

The Ministry of Commerce has upheld a decision of the Venezuelan Trademark Office in which the latter had refused to register the trademark KLINTEX on the grounds that there was a likelihood of confusion with the trademark CLITEX. The ministry rejected the argument that both marks could coexist on the market because KLINTEX is used for cleaning products, while CLITEX is used for pharmaceuticals and perfumes.

30 November 2009

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