La manzana de Apple es marca notoria en Argentina
Date | 01 May 2012 |
Author | Sergio M. Ellmann |
Published date | 01 May 2012 |
Law Firm | Marval O'Farrell Mairal |
Apple Computer había solicitado el registro de su diseño de manzana en la clase 35 internacional, a lo que se opuso el demandado por considerarlo confundible con el diseño de manzana que tenía registrado en la misma clase internacional. Apple Computer inició demanda a fin de que se declarara infundada la oposición.
El Tribunal de Primera Instancia hizo lugar a la demanda y tal decisión fue confirmada por la Cámara de Apelaciones sobre la base de la imposibilidad de pretender monopolios sobre figuras genéricas.
En este sentido, el tribunal manifestó que la exclusividad sobre la figura de una manzana sólo puede reconocerse respecto de las particulares características del diseño que se adopte. Luego de cotejar los diseños en...
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