Derecho de Marcas. Publicidad Comparativa
Date | 18 December 2009 |
Author | Miguel B. O'Farrell |
Published date | 18 December 2009 |
Law Firm | Marval O'Farrell Mairal |
En un interesante fallo de fecha 27 de marzo de 2009, la Sala II de la Cámara Federal Civil y Comercial de Buenos Aires dictó sentencia en el caso “Laboratorios Bagó S.A. c/ Bristol Myers Squibb Argentina S.A. s/ cese de uso de marcas y daños y perjuicios” y rechazó totalmente el reclamo de Laboratorios Bagó S.A. (“Bagó”). Bagó reclamaba daños y perjuicios más el cese de una promoción publicitaria que había realizado Bristol Myers Squibb Argentina S.A. (“BMS”), en donde se comparaban los precios de un determinado producto farmacéutico (a base de la droga enalapril) fabricado por distintos laboratorios; entre los productos comparados figuraba el producto de Bagó y el de BMS (para ver una copia del fallo haga clic aquí).
En su fallo, la Cámara sostuvo que:
(i) los folletos promocionales de BMS están dirigidos exclusivamente a profesionales de la medicina;
(ii) decir “el enelapril más conveniente” no denigra ni comporta un acto de competencia desleal;
(iii) la publicidad comparativa no se adecua al régimen de marcas “…pero si el modo en que aquélla es realizada respeta la lealtad comercial y no ocasiona un ilegítimo perjuicio a terceros, no se alcanza a percibir qué razón podría obstar a su...
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