Copyright Infringement in Mexico (II)

Iguana Ltd. is a UK-based communication agency that was willing to renew the corporate identity of Guanajuates, a client in Mexico. As a first step, they decided to redesign the company’s logo of the Mexican enterprise.

Tired of unsuccessful, time consuming exchange of drafts that largely exceeded what was budgeted, the CEO ordered the graphic designer of the European SME to stop spending additional time on the design, as it would be impossible to charge the customer for it.

Design protection in Peru

Lope & James SPRL, a Belgian prêt-à-porter company launched its collection ‘Montagnes’ which contains a 2-D monogram incorporated into textiles produced on an industrial scale. As the small company is based in Europe, it relies on the Unregistered Community Design. Therefore, it did not register the design neither in Belgium nor in the EU. The company rightly relied that its right comes into existence automatically after the first disclosure of the design to the public in the EU and thus giving the owner the right to prevent unauthorised copying of the design.

Unfair competition and deceiving geographical indications in the Dominican Republic

TREMIK, a Scottish SME company engaged in the manufacture and sale of Scotch whisky in the Dominican Republic, noticed that a Dominican company was commercializing products labeled as Scotch Whisky without due authorization.

Unfortunately, Scotch Whisky was not registered as an Appellation of Origin in the Dominican Republic at that time, and the Dominican manufacturer was not using any confusingly similar trademark.