Derecho de autor vs. marca
Published date | 01 February 2012 |
Author | Sergio M. Ellmann |
Date | 01 February 2012 |
Law Firm | Marval O'Farrell Mairal |
El actor, colaborador de la tercera etapa de la Revista Proa (en 1982), había iniciado una demanda solicitando la nulidad de la marca “REVISTA PROA”, registrada en la clase 16 por María Kodama en el año 2003; el cese de uso de esa marca; y una indemnización por daños y perjuicios. Tanto en primera como en segunda instancia se rechazaron todos sus pedidos.
La Cámara entendió que la Revista Proa, fundada por Jorge Luis Borges en 1922, estaba indiscutiblemente asociada con la figura de ese autor. También tomó en cuenta que María Kodama es la única heredera universal de Jorge Luis Borges y que por ello le corresponden sus derechos de propiedad intelectual. Aclaró que si bien los regímenes de propiedad intelectual (derechos de autor) y propiedad industrial (en el que se incluyen los derechos de marcas) no se confunden, sí pueden interactuar y tener incidencia en cuanto a la prelación del uso, que en...
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