“Billy Boy” no es marca obscena
Published date | 18 January 2010 |
Date | 18 January 2010 |
Author | Sergio M. Ellmann |
Law Firm | Marval O'Farrell Mairal |
La solicitud cuestionada había sido presentada el 1 de febrero de 1996 bajo Acta 2.019.392 por Mapa GMBH Gummi- und Plastikwerke en la clase 10, y fue luego limitada a “preservativos”. El 18 de abril de 2000 el Instituto Nacional de la Propiedad Industrial (INPI) denegó la inscripción en base al art. 3, inc. e), de la Ley de Marcas, que dispone que no pueden ser registradas “las palabras, dibujos y demás signos contrarios a la moral y las buenas costumbres”. Esa denegatoria administrativa fue confirmada en primera instancia por la Justicia Federal, quien consideró que la figura involucrada era desagradable, inapropiada y obscena.
El 4 de marzo de 2010 la Sala 2 de la Cámara Nacional de Apelaciones en lo Civil y Comercial Federal de la ciudad de Buenos Aires revocó esa denegatoria de la marca “BILLY BOY” (y dibujo), básicamente con el argumento que la evaluación de lo que es o no conforme a la moral y las buenas costumbres debe ser hecha en función de los concretos valores de la sociedad en un momento determinado. Los tres integrantes de la Sala 2 votaron unánimemente por la revocatoria. En el primer voto, el Dr. Santiago B. Kiernan, tras llamar la atención sobre el peligro que representan los espíritus sectarios para las libertades civiles y prevenir sobre las condenas de lo que no se ajusta a la moralidad...
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