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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”.

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.

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.

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.

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.

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.

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.

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.

17 July 2007

Liability of licensor discussed by appellate court

The Court of Appeals has held the licensor of a trademark liable for damage caused by a defective product manufactured by a former licensee. The court held that if damage to consumers arises from a defective product or as a result of the rendering of a service, the producer, manufacturer, importer, distributor, supplier or whoever has placed its trademark on the product or used it in conjunction with the service shall be held liable.

14 March 2007

Border alert system soon available

Following the implementation by the Tax Authority of Resolution 2216, Argentinean Customs has established a procedure to control the importation of counterfeit products into the country. This procedure includes a system of alerts managed by Customs on the basis of registrations by mark owners.