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/ Supreme Court of Chile rejected lawsuit against L’Oréal for alleged damage to intellectual property

22 February, 2018

The Supreme Court rejected the appeal filed against the ruling, handed down by the Sixth Civil Court of Santiago, which confirmed the sentence had rejected the lawsuit filed against L’Oréal, for the use in its perfumes of the expression: “Stronger with you.”

On Feb 22nd, 2018, It was filed a trademark infringement lawsuit against L’Oréal Chile S.A. use of Emporio Armani’s Stronger by You brand, based on previous registrations Stronger and Strong in Chile. In parallel Alessandri was assisting Emporio Armani in the prosecution of Stronger by You trademark application, as a licensor of client L’Oréal (Paris) and its subsidiary L’Oréal Chile.

Alessandri’s multidisciplinary IP and litigation team obtained the claim to be dismissed. The plaintiff appealed, and on June 26th, 2020, the Santiago Court of Appeals, in a unanimous decision, confirmed the decision that rejected the trademark lawsuit. Claimant filed an extraordinary recourse before the Chilean Supreme Court, that has decided the case on November 23rd, 2020.

The milestone unanimous decision of Chile’s highest court of justice sets a precedent and the criterion of national jurisprudence on the assumptions that must be met to effectively infringe industrial property regulations, and how effectively the use of a phrase is apt to mislead or confuse consumers as to the origin of the product or service.

 

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