Solicitudes, oposiciones y contradicciones
Published date | 01 February 2012 |
Author | Sergio M. Ellmann |
Date | 01 February 2012 |
Law Firm | Marval O'Farrell Mairal |
El 10 de noviembre de 2011, en el caso “Anton, Rodolfo José y otro c. Bodega Norton S.A. s/ Cese de oposición al registro de marca” (causa N° 2486/2009), la Sala 1 de la Cámara Nacional de Apelaciones en lo Civil y Comercial Federal revocó la sentencia de primera instancia y rechazó la demanda por cese de oposición al registro de la marca “D’ANTON” en clase 35. El fundamento de la oposición era la marca “DALTON” registrada en la misma clase.
Para revocar la sentencia de primera instancia, la Cámara tuvo en cuenta tres aspectos: que las marcas en conflicto pertenecían a la misma clase 35; la gran semejanza entre las voces “D’ANTON” y “DALTON”; y los actos propios de la actora.
En cuanto a esto último, la Cámara especialmente señaló que poco tiempo antes de la presentación de la solicitud de marca “D’ANTON”, la coactora Cecilia Rodríguez había presentado una oposición contra el registro de la marca “DALTON” de Bodega Norton S.A. en la clase 43, en bases a sus marcas “R.J. ANTON”, “D’ANTON COIFFEUR” y “D’AMTOM”, todas de la clase 42. Por ello consideró que la parte actora se...
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