Cervieri Monsuarez

For over thirty years we have been committed to the interests of our clients and striving to achieve excellence and a higher quality of our services. At Cervieri Monsuárez we take care of it.

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Cases

Our professionals are recognized for taking part in landmark cases which have earned them worldwide recognition. We invite you to learn about some of them.

Client: SCOTT

SCOTT: IMITATION OF THE ICONIC SPORTS BRAND

Summary: In November 2021, SCOTT representatives in Uruguay became aware that two companies were importing products in alleged infringement of the trademarks owned by SCOTT. A preliminary investigation was conducted to obtain more information on them.

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Client: JEMIE B.V.

CANNA THÉ SOLUTION FOR GROWTH AND BLOOM

Summary: Trademark Application: On December 26, 2019, the firm A. S.A., domiciled in Paraguay, applied before the National Directorate of Intellectual Property (DINAPI) for the trademark CANNAPAR, under Records No. 19107777, 19107779 and 19107781, to protect products included in international classes 1, 35, 42.

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Client: Wella Operations US LLC

WELLA: COUNTERFEIT COSMETICS

Summary: On June 2022, OPI became aware that several formally constituted stores in the city of Asunción and in the metropolitan area were selling products that infringed OPI’s registered trademarks in Paraguay.

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Client: POPSOCKETS LLC.

POPSOCKETS VS. POP!: RECOGNITION OF THE VESTED RIGHTS OF THE TRADEMARK

Summary: On March 8, 2019, Mr. D.M.M, domiciled in Paraguay, applied before the National Directorate of Intellectual Property (DINAPI) for the trademark POP! (word) under Records No. 1917889 and No. 1917890, to protect products and services in Int. Classes 9 and 35 respectively.

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Client: CRUFI S.A.

CRUFI: “CRUFI BLACK” vs. “CONO BLACK: not confusingly similar

Summary: In 2019, the owner of the company HH was notified of a claim for infringement of industrial property rights filed by “Compañía de Alimentos (CAL) Ltda”, a Bolivian company engaged in the manufacture and marketing of ice cream, dairy products and beverages.

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Client: N/A

RIGHT TO OBLIVION: Uruguay at the forefront of Personal Data Protection

Summary: “ Order Google LLC and Google Argentina S.R.L. to de-index and remove from the list of results of its search engine (Google Search) the personal data of the plaintiffs with respect to the news published in the websites mentioned above”.

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Client: N/A

Bolivia succeeds in the fight against online piracy: shutdown of a network of sites pirating movies and series.

Summary: In September 2020, it was found the existence of a network of pirate websites dedicated to the unauthorized public distribution of movies and series

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Client: Colgate-Palmolive Company

Case study: Seizure of personal care products due to copyright infringement

Summary: In October 2020, the Intellectual Property, Money Laundering and Drug Trafficking Division (DIPILAN), following a complaint filed by COLGATE, inspected at the MIDOMUX SA customs warehouse a container from China, whose consignee was a Uruguayan company.

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Client: Ferrero

Unauthorized use of the three-dimensional trademark

Summary: We became aware through investigations that in the markets of the city of La Paz - Bolivia, chocolate sweets were being offered with a trade dress similar to FERRERO ROCHER sweets. Therefore, we investigated the origin of these products and obtained information

about the company that imported them and its address.

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Client: Abercrombie & Fitch

Commercialization of counterfeit products and trademark adulteration

Summary: A famous Uruguayan hypermarket chain was found was offering counterfeit footwear on its shelves which improperly used Abercrombie´s trademarks.

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Client: N/A

Crimes commited by electronic means

Summary: The increase in the use of credit cards and online trading has led in turn to an increase of crimes using electronic media. One customer noticed, upon receiving his credit card statement, that it had been used to make dozens of purchases that had not been made by him/her.

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Client: adidas

adidas: Wins battle against Phishing

Summary: “Phishing” is the illegal act of impersonating a person or company in order to obtain information and personal data from Internet users. These attacks may affect the rights of the company being phished, by using its distinctive signs to generate confusion among users.

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Client: Societe de Produits Nestlé

Protection of the “CRUNCH” trademark and demonstration of its distinctiveness

Summary: The inclusion of the element "CRUNCH" in a competing product implies a likelihood of confusion and association that Nestlé wants to prevent, so it files an opposition to the application for registration of the mark.

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Client: Dolby

Actions against non-authorized trademark use

Summary: After becoming aware of some cases in Latam, we were able to file claims and send warnings to those using the brand “Dolby” on unlicensed products and also to advertise in physical and online stores and on Internet platforms.

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Client: NGK

Counterfeit spark plugs, a risk to society

Summary: All these types of products are manufactured under the highest quality standards, as they are extremely important parts for the proper functioning of motor vehicles. For this reason, it is essential to protect their authenticity, in this case, by seizing counterfeit spark plugs in different stores in Bolivia.

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Client: Espacio Aroma

Importance of trademark registration in the country of manufacture of the products

Summary: The well-known company that commercializes ambient and body aromatization products was faced with the situation that a third party in China registered its trademark in bad faith, thus preventing the importation of its products into Uruguay. The story of the resolution follows:

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Client: Levi's

Popular retail store copies pocket design

Summary: The arc-stitched pocket is known under the name of “Arcuate”, and it was registered as a trademark in 1943. Its uniformed “diamond” shaped design formed is protected by intellectual property rights to prevent imitations.

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Client: SKF, Timken, Schaeffler, FAG, INA

Seizure of counterfeit ball-bearings in transit to Paraguay

Summary: The first seizure was made in Uruguay of a container in transit containing counterfeit ball-bearings of various internationally known brands. These have a high commercial value due to their volume and because they are used for high-cost machinery.

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Client: Jansport

JANSPORT VS. JOYSPORT: Trademark and “Trade Dress” confusion

Summary: It was noticed that a major supermarket chain was marketing JOYSPORT backpacks, in infringement of JANSPORT's intellectual property rights. The phonetics, the graphic similarity of the trademarks and the way of sale are fundamental aspects in the assessment of confusing similarity.

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Client: adidas

Footwear toe as a device trademark

Summary: The company adidas requests the registration of the toe cap of its well-known "Superstar" footwear model in Uruguay, in order to avoid infringement of its industrial property rights over the design of the figure.

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Client: Ferrero

Trade dress and distinctiveness recognition of the figurative mark

Summary: Ferrero filed a lawsuit against a Uruguayan company that was marketing chocolates with similar and confusingly packaging to those used in the famous "Ferrero Rocher".

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Client: Starbucks

Actions due to unauthorized use of the trademark FRAPPUCCINO

Summary: Several stores received a notary notice for marketing products with the word FRAPPUCCINO, a trademark registered by Starbucks for its exclusive use.

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Client: Motion Pictures Association

Pelispedia: three years and four months of conviction for pirate site administrators.

Summary: The famous case of the site that illegally marketed dozens of movies and series, was managed by a Uruguayan operator from his own home.

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Client: Lacoste

Imitation of the "crocodile" design

Summary: Demonstrating that when we see a crocodile we only think of the Lacoste brand prevented a local manufacturer from registering a similar design for its new clothing line, which could have damaged the brand and confused consumers.

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Client: Marcas de perfume

Conviction in damages for USD 500,000 by imitation of trade dress of perfumes

Summary: Making their own products seem as if they were prestigious brands such as Hugo Boss or Coco Chanel by changing some letters had a serious cost for some retailers. The case was pioneer in setting a precedent for the payment of damages for industrial property rights.

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Client: Fox International

Roja Directa disqualified in Uruguay

Summary: Summary: After litigation, Uruguayan internet providers disable all domains of Roja Directa, the most popular pirate website for broadcasting sporting events in the world.

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Client: adidas

The "three stripes": a universal symbol

Summary: Summary: A shoe manufacturer argues that the stripes on clothing are not distinctive of adidas. Justice, on the contrary, recognizes the validity of one of the most recognizable trademarks in the world.

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