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Category: Articles

A legal battle between Adidas and Thom Browne: The iconic “three stripes design” is not a sufficiently distinctive element? If so, what else is left…

By Antonella Balbo and Sol Baudino. On January 12th, 2023, the United States District Court for the Southern District of New York issued a ruling by a jury that turns out to be crucially controversial for Fashion Law. Back in July 2021, Adidas filed a claim against the U.S. designer Thom Browne for using a confusingly similar […]

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Trademark infringement beyond the territory through the use of Adwords

By Julieta Pérez Espinosa. In the recent case “GENIVER SAS C/ PODIOS SRL S/ PRECAUTIONARY MEASURES (Cause No. 10768/2021/CA1), CCCF, Chamber I”, the Court of Appeals decided to extend the scope of the precautionary measure that ordered the cease of use of the plaintiff´s trademark in the sponsored links through Adwords or keywords in the most […]

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BPTO publishes phase IV of the Patent Prosecution Highway (PPH) Program

By Rosario Mauro. The Brazilian Patent and Trademark Office (BPTO) recently published Ordinance no. 78, which implements phase IV of the Patent Prosecution Highway (PPH) pilot project and Ordinance no. 79 which rules all the other ways of expediting prosecution in Brazil. The PPH program is effective as of January 1st , 2023 and will […]

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Argentina’s Secretariat of Public Innovation creates National Blockchain Committee

By Mateo Augusto Darget and Josefina Piñeiro. On 7 December 2022, the Secretariat of Public Innovation of the Chief of Cabinet issued Resolution 17/2022, which establishes the National Blockchain Committee and approves the National Guidelines on Blockchain. Committee The committee aims to reduce costs and increase the transparency and efficiency of public services through the […]

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Increase of Consumer Protection fines

By Mariano Peruzzotti and Josefina Piñeiro. On December 1, 2022, Law No. 27,701 on the Budget of the National Administration for fiscal year 2023 (hereinafter, “Budget Law”) was approved. Article 119 of the Budget Law amended article 47 of the Consumer Protection Law (hereinafter, “CPL”). Thus, the amounts of the fines applicable for infringement of […]

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Messi or Maradona?

By Paula Galván. Just a few days after the Argentine national soccer team was crowned World Champion for the third time in Qatar, the local media rekindled the classic rivalry between stars Diego Maradona and Lionel Messi, but this time in relation to an apparent intellectual property dispute. Although the media referred to the existence […]

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Intangible Assets – Valuation of intangibles

By Sergio Queipo. 1. How much are my ideas worth? What is the valuation of intangibles? Projects are born from ideas, hence, there is always an intangible in its essence. This initial asset multiplies itself, creating many others, like trademarks, patents, industrial models, among others. These assets are usually the biggest part of a company’s […]

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Privacy – Personal Data Protection news in LATAM

By Mateo Darget and Josefina Piñeiro. In this article, we comment some of the most important developments that took place during the last few months in Latin America regarding personal data protection. (i) Ibero-American Network – On September 27, the Ibero-American Data Protection Network published the “Guide for the implementation of standard contractual clauses that can […]

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Trademarks – Liability of Internet intermediaries

By Belén Sorrentino. A recent decision of the National Civil Court of the City of Buenos Aires highlighted the importance of intellectual property protection programs provided by e-commerce platforms. These programs are an essential tool in any corporate policy to fight against trademark infringement and other intangible assets. The case “Maradona Villafañe, Dalma Nerea and others […]

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