Trademarks And Wines For Export - Preliminary Injunction Accepted

Author:Ms Iris Quadrio and Carol A. O'Donnell
Profession:Marval O'Farrell & Mairal

The Federal Court of Appeals confirmed the ruling that had accepted the preliminary injunction filed by the plaintiff, authorizing same to continue exporting.

Tribunal I of the Federal Court of Appeals for Civil and Commercial Matters of Buenos Aires in re: "Trivento Bodegas y Viñedos SA vs Austi, Marcelo E." confirmed the lower court's ruling that had accepted the preliminary injunction filed by the plaintiff and authorized said party to continue exporting wines with the trademark PAMPAS DEL SUR as it had been doing before the defendant blocked Trivento's exports at Customs.

Trivento requested the preliminary injunction within the context of a cancellation action initiated by that party to have the trademark PAMPAS DEL SUR, Registration No. 2154545, in international class 33, in the name of the defendant, declared null and void. The plaintiff also sought to recover the damages that occurred as a result of the blockage on exports.

The First Instance judge admitted the preliminary measure. The defendant appealed and the Court of Appeals confirmed the lower court's decision taking into account that the injunction did not affect the commercialization of products in Argentina where the defendant obtained his trademark registration.

The Court also considered that Trivento's export of PAMPAS DEL SUR wines, since 2002 and to different countries, was not a controversial...

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