Infracción de marca: buena fe y presunción del daño
Date | 13 July 2010 |
Published date | 13 July 2010 |
Author | Sergio M. Ellmann |
Law Firm | Marval O'Farrell Mairal |
Este asunto se originó en una medida de inventario, embargo y secuestro en un local de propiedad del Sr. Bustos donde se comercializaba indumentaria en infracción a las marcas de la actora.
La sentencia de primera instancia había sido apelada solamente por el Sr. Bustos. El apelante alegó, por un lado, su buena fe al desconocer el origen de la mercadería en infracción y por haber cesado en el uso de las marcas y, por el otro, la inexistencia de daño patrimonial en la actora por el pequeño giro comercial del local del Sr. Bustos y el escaso valor de venta de las prendas.
Este fallo destacó la mala fe del demandado y que éste había mentido...
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