No toda infracción marcaria presupone la existencia de daños
Published date | 25 February 2016 |
Author | Gustavo P. Giay,Diego Fernández |
Date | 25 February 2016 |
Law Firm | Marval O'Farrell Mairal |
DC Shoes Inc. promovió demanda por cese de uso de marca y daños y perjuicios a fin de que se ordenara al demandado, Siete Nueve Tres San Rafael, a cesar en todo uso de la marca objetada y a resarcir los daños producidos. La Sala 3 de la Cámara Federal hizo lugar al cese de uso requerido pero rechazó la acción de daños y perjuicios (CNACCF, Sala 3, 10/09/2015, causa 12.706/07, “DC Shoes Inc. c. Siete Nueve Tres San Rafael S.A. s/ Cese de uso de marcas y daños y perjuicios”).
Existe un amplio consenso entre las distintas Salas de la Cámara de Apelaciones en lo Civil y Comercial Federal, compartido también por gran parte de la doctrina, en el sentido de que el uso indebido de una marca genera a su titular un daño que debe ser resarcido.
En este caso, mientras el tribunal de primera instancia consideró que la utilización de la marca del actor por el demandado constituía un uso de buena fe y, por lo tanto, no existía infracción, la Cámara...
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