Limitaciones fraudulentas serán condenadas
Date | 01 October 2013 |
Published date | 01 October 2013 |
Author | Iván Poli |
Law Firm | Marval O'Farrell Mairal |
En la medida cautelar se había realizado un inventario de 133 anteojos identificados con el logotipo y marca “OAKLEY”, todo nuevo, sin uso y a la venta. Al practicar el cotejo, el Tribunal expresó que “uno tiene que prestar bastante atención para darse cuenta que se trata de [la marca] ‘OKEY’ porque la ‘K’ está unida con la ’O’ y (…) la ‘E’ está descompuesta, por un lado, en una ‘L’ y, por el otro, en dos barras más pequeñas similares al signo ‘=’ (…)”, y luego agregó que “ese modo de presentar la marca ‘OKEY’ concuerda con los signos de la actora”.
La Cámara también recordó que “en este tipo de conflictos es la visión del conjunto la que debe considerarse cuando el infractor emplea distintos elementos de marcas ajenas causando en el público consumidor asociaciones automáticas con estas últimas”. Luego sostuvo que el propósito del legislador es impedir que quien no es titular de un registro lucre con él sin permiso de su dueño y destaca que ello puede darse cuando se reproduce íntegramente la marca y también...
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