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02 January 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners.

02 January 2020

From billboards to influencers: navigating new advertising rules across the Americas

Trademark experts offer insight into the advertising regimes in their respective jurisdictions and, crucially, how brands can avoid falling foul of the law.

16 December 2019

Coincidence or corruption? Trump lawyer responds to accusation White House held off Argentina tariffs for trademark reasons

We look at the claim from nonpartisan watchdog Citizens for Responsibility and Ethics in Washington that recent trademark activity in Argentina is proof that “President Trump is for sale”. 

14 October 2019

Eight counterfeit hotspots in Argentina that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Argentina.

18 July 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

21 March 2018

Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina.

17 March 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

01 March 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

25 November 2016

Bankruptcy is not force majeure to justify non-use

The Argentine Court of Appeals has rejected a defendant's argument that a trademark's proof of use was impossible because the prior owner was in a bankruptcy proceeding which constituted a force majeure event. The court stated that bankruptcy did not constitute “an unforeseeable and unavoidable event” because if it did, insolvent parties could avoid debts by arguing force majeure.

03 August 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.

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 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.

29 April 2003

Federal court issues recovery order for NORTOX

In Nortox Agroquimica SA v Nortox SRL the Federal Court of Appeal has affirmed a lower court's decision to grant the plaintiff's request for (i) a recovery order that transfers the Argentine registration of the mark NORTOX from the defendant to the plaintiff, and (ii) an order cancelling the defendant's trademark and company name registrations.

20 January 2003

Mark owner awarded damages for loss of licensing opportunity

In Eduardo Denkberg v Coto Cicsa, an appellate court has ruled that the defendant's unauthorized use of the plaintiff's trademark frustrated the plaintiff's ability to license it in the future. The court ordered the defendant to cease using the mark and to pay the plaintiff general damages for loss of opportunity.