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Author Topic: A lawsuit concerning unregistered trademark SUAVE in Argentina  (Read 1707 times)

ipplanet

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Unilever uses brand SUAVE for shampoos since 1999. The company has submitted two applications for trademarks with that name which are still pending.
The company Laboratorio Cuenca SA began selling shampoo with brand ISSUE as to it was added 'Shampoo Suave'.
Unilever began proceedings for infringement on their marks used but Laboratorio Cuenca in turn filed a counter action for cancellation of the trademark applications of Unilever since the word SUAVE means soft and can not be a trademark.
The Court of First Instance considers that SUAVE is not distinctive and upheld the claims of Laboratorio Cuenca. The decision was appealed by Unilever.
According to Argentina's Federal Court of Appeals, although SUAVE is not distinctive mark thanks to the continued commercial use of the name by Unilever it acquired secondary distinctive. According to the court the word SUAVE (soft) is not necessarily descriptive of the product as shampoo rather describes the characteristics of the hair after using it.....................
http://intellectualpropertyplanet.blogspot.com/2010/12/lawsuit-concerning-unregistered.html
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