“Marcas de hecho” y medidas cautelares
Date | 19 July 2013 |
Published date | 19 July 2013 |
Law Firm | Marval O'Farrell Mairal |
El interés de este fallo no radica en la decisión en sí, sino en que, en este contexto,la Sala 1 recordó la doctrina que reconoce a las “marcas de hecho” explotadas y que han formado una clientela, una tutela frente al uso ilegítimo por parte un tercero, aunque no hayan alcanzado éstas el carácter de marcas registradas. La Sala 1 sugirió obiter que el titular de una “marca de hecho” explotada y que ha formado una clientela podría obtener una medida cautelar aún sin ser marca registrada. Lo contrario, señaló la Sala 1, “importaría sumir al titular de una marca de hecho en un estado de desprotección frente al ilegítimo uso de la misma marca por un tercero para aprovechar el prestigio ajeno o desviar la clientela”.
En este caso, el Tribunal entendió que el grupo musical el “Nene Malo” no había aportado ningún elemento de convicción que demostrara un uso del signo marcario para hacerlo merecedor de...
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