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28 October 2015

Plaintiff defeated in battle of the bakers

In Andres Lagomarsino e Hijos SA v Morixe Hermanos SACI, 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.

23 October 2015

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

In Espert SA v Philip Morris Products SA, 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.

24 July 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”.

20 May 2015

Gap obtains cancellation of GAL for Class 24 goods

In Gap ITM Inc v Terdjman, 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.

04 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.

27 November 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.

10 September 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.

23 July 2014

Unilever ordered to cease running misleading 'official sponsor' ad

In Asociación del Fútbol Argentino v Unilever de Argentina, 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.

03 July 2014

Advanced Magazine Publishers prevents registration of mark containing 'glamour'

In Vi Da Producciones SA v Advanced Magazine Publishers Inc, 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.

08 April 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.

27 January 2014

Swiss embassy prevents registration of mark containing 'Switzerland'

In Gloria SA v Embajada de Suiza en la República Argentina, 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 'Suiza' is officially recognised by the Argentine government as designating the Swiss Confederation.

11 December 2013

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

In Fratelli Branca Destilerías SA v The Scotch Whisky Association, 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.

13 November 2013

Court of Appeals confirms that unregistered marks deserve legal protection

In Del Olmo v Pastas Frescas San Genaro SRL, within the context of opposition proceedings, the Court of Appeals has held that unregistered marks deserve legal protection “at least through the application of the general principles of law”. Opponent Pastas Frescas San Genaro SRL had opposed the registration of the mark SAN GENARO based on its unregistered mark.

16 September 2013

Supreme Court rejects motion to appeal in cigarette trademark dispute

The Supreme Court of Justice has rejected a motion to appeal in a dispute between cigarettes manufacturers. Last year the Federal Court of Appeals had rejected a complaint brought by Massalin, a Philip Morris subsidiary, against Japan Tobacco and its licensee Nobleza Piccardo regarding the use of the mark WINSTON. The complaint sought to enforce a self-imposed restriction placed on Reynolds Tobacco - the then owner of the mark - in 1954.

23 January 2013

Trademark application rejected despite withdrawal of opposition

The decision of the Court of Appeals in AES Property Corp v Instituto Nacional de la Propiedad has illustrated that, if a trademark application is confusingly similar to an earlier mark, the registration will not be granted, even if the owner of the earlier mark has withdrawn its opposition.