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30 November 2011

Court cancels mark that was repeatedly registered but never used

In Roemmers SA v Laboratorios Casasco SA, the Federal Court of Appeals in Civil and Commercial Matters has cancelled the defendant’s trademark registration for DIBAFLEX on the grounds that it was in breach of the Trademark Law. The decision to cancel the DIBAFLEX mark was based on the fact that the mark had never been used, despite having been repeatedly registered over a period exceeding 20 years.

17 November 2011

Rejection of company name based on famous mark will be exceptional

The Inspección de Personas Jurídicas, the authority in charge of approving the incorporation of legal entities, has, for the first time, dealt with a conflict between a company name and a trademark. Even though it did not actually decide on the conflict itself, it stated that the notoriety of the mark must be "objectively known" and that the rejection of a company name on this ground would be exceptional.

07 November 2011

Federal Court of Appeals reviews use requirements

In Bayer SA v Craveri SA, the Federal Court of Appeals in Civil and Commercial Matters has upheld a lower court decision finding that the registration for the trademark CIPROBACT had lapsed on the grounds of non-use. Among other things, the court held that obtaining an authorisation to market a medicine did not meet the requirement of use.

16 September 2011

Anheuser-Busch wins long-running battle against Budweiser Budvar

In re Budweiser Budvar National Corporation v Anheuser-Busch Incorporated, the Federal Court of Appeals has upheld Anheuser-Busch Incorporated’s opposition against Budweiser Budvar National Corporation’s application for the registration of BUDEJOVICKY BUDVAR, thereby putting an end to a longstanding dispute between the parties in Argentina.

15 July 2011

Defendants found not to use trademark as registered

In Old Navy (ITM) Inc v Chirazi, the Federal Court of Appeals has upheld a decision of the first instance court in which the latter had ordered the co-defendants to cease using the trademark OLD NAVY. Among other things, the court found that the co-defendants did not use their trademark YACHTING OLD NAVY as registered.

29 March 2011

Argentine company fails to register French PDO for spirits

The Court of Appeals has upheld a decision of the Court of First Instance in which the latter had accepted an opposition filed by the Institut national de l'origine et de la qualité against the registration of the trademark MARTINIQUE. The opponent argued that ‘Martinique’ is not registrable as a trademark because it is a protected designation of origin in France.

31 January 2011

Injunction denied as trademark used in descriptive manner

In Expobicentenario SA v Arte Gráfico Editorial Argentino SA, the Court of Appeals has rejected a request by the owner of the mark ARGENTINA 200 AÑOS ('Argentina 200 years') for an injunction against use of the phrase 'Argentina 200 años'. The court found that the defendant did not use the phrase as a trademark.

24 November 2010

Federal Court of Appeals recognises secondary meaning doctrine

In a dispute between Unilever NV and Laboratorio Cuenca SA over use of the trademark SUAVE (meaning 'smooth' or 'soft'), the Federal Court of Appeals has held that, although SUAVE was a weak mark, registration should be allowed based on the doctrine of secondary meaning.

13 July 2010

Merchants should know the origin of the products they sell

In The Polo/Lauren Company LP v Bustos, the Court of Appeals has ruled against the defendant in a case involving counterfeit Ralph Lauren clothes. Among other things, the court rejected the defendant's argument that he had acted in good faith and had been defrauded by the supplier of the goods.

30 March 2010

Domain name registrants required to update their data

NIC Argentina, the registry responsible for the ‘.ar’ country-code top-level domain, has announced that it would be implementing a new system to register and administer Argentine domain names. All current registrants of ‘.ar’ domain names must update the data held for them in NIC Argentina's database by March 31 2010.

04 March 2010

Argentine bank establishes better right to acronym BICE

In a dispute between Argentine financial entity Banco de Inversión y Comercio Exterior SA and Chilean bank Banco Bice over use of the name BICE, the Federal Court of Appeals has held, among other things, that because the Argentine bank had been known by the acronym BICE for at least one year before Banco Bice filed suit, the latter's claim was time barred under the Trademark Law.

23 October 2009

First olfactory marks registered

Following a 2004 court decision in which it was held that smells were registrable as trademarks, the Trademark Office of Argentina has allowed the registration of olfactory marks for the first time. The marks, owned by cosmetics giant L'Oréal, consist of fruit smells for shampoo containers.

15 July 2009

Number of ‘.ar’ domain names limited to 200 per registrant

NIC Argentina, the registry responsible for the ‘.ar’ country-code top-level domain, has announced that it is limiting the number of domain names that any one entity can register to a maximum of 200. The registry hopes that this will put an end to the registration of ‘.ar’ domain names for speculative purposes.

05 June 2009

Puma runs to victory in sports shoe case

In Puma AG Rudolf Dassler Sport v Cueros del Norte SRL, the Federal Civil and Commercial Court of Appeals of the City of Buenos Aires has ordered that Cueros del Norte SRL cease using Puma AG Rudolf Dassler Sport's 'inverted pipe' design for sports shoes. The court also granted damages in the amount of Ps30,000 to Puma.

01 October 2008

IDNs now available for registration in ‘.ar’ domain extension

NIC Argentina, the registry responsible for the '.ar' country-code top-level domain, has launched the registration of internationalized domain names. The general registration period of '.ar' IDNs will be preceded by a sunrise period for domain name holders that registered their '.ar' domain name before July 31 2008.