Medida cautelar y presunción de daño
Published date | 19 July 2013 |
Date | 19 July 2013 |
Law Firm | Marval O'Farrell Mairal |
En cuanto a la verosimilitud del derecho, la Cámara sostuvo:
“…la marca invocada por la actora constituye un signo válidamente registrado con arreglo a las previsiones de la Ley de Marcas, cuya validez no se halla en tela de juicio (…). En esa situación, su titular tiene derecho a que se respete su privilegio (…) y por consiguiente, a impedir su uso por terceros. Con lo que va dicho se encuentra acreditado suficientemente el derecho a requerir cautelarmente el cese de uso, pues la verosimilitud del derecho aparece dotada de fuerza convictiva suficiente.”
Al momento de analizar el peligro en la demora, y habiendo tenido por acreditado el uso de marca ajena, la Cámara recordó la doctrina judicial que sostiene:
“…el uso de marca ajena hace nacer la presunción de daño, sea éste por disminución de ganancias, afectación del prestigio o también por la dilución del signo (…) pudiendo incluso, provocar una situación de incertidumbre en cuanto al...
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