In a suit to dismiss a notice of opposition, the plaintiffs learned the hard way the need for consistency, when the court rejected their claim because it contradicted their own stance in the inverse situation.
On November 10, 2011, in the case "Anton, Rodolfo José et al v. Bodega Norton S.A.", Division 1 of the National Court of Appeals on Federal Civil and Commercial Matters reversed the district court's verdict and rejected the lawsuit where plaintiff sought to dismiss the defendant's opposition against trademark application "D'ANTON" in Class 35. The basis for the opposition had been defendant's trademark "DALTON" registered in the same class.
To so decide the Court of Appeals took into account three facts: all marks involved belonged to the same class; the marks ("D'ANTON" and "DALTON") were very similar; and the plaintiff's prior acts were inconsistent with its current stance.
Regarding this last issue, the Court especially pointed out that shortly before applying for the registration of trademark "D'ANTON" one of the joint plaintiffs, Ms. Cecilia Rodríguez, had opposed an application for trademark...