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Category: Articles

Famous trademark fights dilution, but being FIT in class 41 fights back

By Antonella Balbo. On 7 February 2023, Chamber 3 of the National Court of Appeals in Federal Civil and Commercial Matters confirmed the administrative decision of the Argentine Trademark Office (Ar TMO) by means of which it determined that the trademarks “CROSSFIT” and “ROSFIT” are not confusingly similar, in the case “Crossfit Inc. v. Gaspe […]

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Plagiarism: Ed Sheeran’s worst nightmare

By Belén Sorrentino. Copyrights are those that protect all artistic, literary or scientific creation. In order for the creation to be protected, a minimum of originality is required and the work should reflect the author’s creative effort, even if they are unfinished or unpublished. One of the ways in which copyright can be infringed is […]

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Argentina signs the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence

By Mariano Peruzzotti and Josefina Piñeiro. The Budapest Convention on Cybercrime (hereinafter “Convention”) is a Treaty created in 2001 and promoted by the Council of Europe. The aim of the instrument is to promote international cooperation and create a uniform legal framework between nations in order to deal with computer crime and criminal activity on […]

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Official fees 2023 – INPI Resolution N° 122/2022

By Belén Sorrentino and Sol Baudino. On December 23rd, the Argentine National Institute of Industrial Property (INPI) issued Resolution 122/2022 by means of which the official fees for the services rendered as of 01/01/2023 were modified. Among the fees modifications, there is the inclusion of a fee for the number of items of the classifier listed in […]

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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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