Nada nuevo bajo el sol
Date | 03 November 2014 |
Author | Gustavo P. Giay,Andrés O'Farrell |
Published date | 03 November 2014 |
Law Firm | Marval O'Farrell Mairal |
El Juzgado Federal de primera instancia rechazó la demanda al considerar que la oposición se encontraba debidamente fundada. Microsules Argentina recurrió la decisión ante la Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, sosteniendo que las marcas en conflicto son lo suficientemente distintas como para autorizar su coexistencia.
En un fallo unánime, la Sala 2 de la Cámara confirmó la sentencia.
Al resolver en este sentido, la Cámara aplicó las normas básicas para el análisis de confundibilidad de marcas. Es decir: a) la coexistencia requiere que las marcas en conflicto sean claramente distinguibles; b) debe estarse más a las semejanzas que a las diferencias entre los signos enfrentados; c) el parecido en cualquiera de los tres planos de...
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