Acción de reinvidicación: reconocida pero no concedida
Published date | 21 February 2013 |
Date | 21 February 2013 |
Author | Sergio M. Ellmann |
Law Firm | Marval O'Farrell Mairal |
Luciana Gogolin había obtenido el registro de la marca “WRGE” en clase 25 pero luego la utilizó luego de forma distinta de la registrada, “Wrge” (letra W en mayúscula, el resto en minúscula), empleando los colores azul y amarillo que aparecen en la marca de Wrangler.
La demandada corrigió su uso “WRGE”, reemplazando los colores amarillo y azul por rojo y gris. Si bien el registro no especifica color alguno, la misma demandada había aceptado que era de mala fe usar la combinación azul y amarillo, por lo que le quedaba vedado hacerlo en el futuro.
Con respecto al pedido de nulidad, el Tribunal sostuvo que si bien la marca WRGE estaba contenida íntegramente en la de la actora –a la que consideró notoria,- al iniciar la demanda la actora había manifestado que en su momento no se había opuesto a dicha solicitud porque podría considerarse que no habría posibilidad de confusión, teniendo en cuenta la forma en que se pidió...
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