/ Michael Kors again wins appeal and succeeds in annulling the trademark WK

Learn more about the case in El Mercurio.

In a ruling that recognizes the fame and notoriety of the prestigious Michael Kors (MK) trademark in Chile, the Industrial Property Court annulled three trademark registrations with the letters WK. According to this court, these brands infringed the trademark of the well-known American designer, since they evidently had the intention of importing counterfeit products with a very similar trademark.

The ruling recognizes that the WK and MK brands are sufficiently similar to cause confusion to customers. It explains that the way in which the sign in conflict is arranged, in which the letter M is replaced by the consonant W, and the figurative elements are added, is insufficient to distinguish one from the other, to which is added that by inverting the letter W, the initials WK correspond to the initials MK in inverted form, which facilitates the association of the customer in relation to the brand MK.

This is not the first time that Michael Kors wins a dispute of this type in our country. In 2014, when it was installed in Chile, the brand’s lawyers, Alessandri, achieved a favorable ruling in the largest trademark piracy case ever in Chile.