Thursday, 2 December 2010

CASA CLUB TV: Chile Supreme Court rules

Last month the Chilean Supreme Court allowed two cancellation actions filed by MGM Latin America LLC, reversing the decisions of the Court of Appeals on Industrial Property Matters.  The Court of Appeals had previous upheld the rejection ex officio of MGM's applications to register the figurative sign CASA CLUB TV as a trade mark in Classes 16 and 38, based on a likelihood of confusion with the earlier marks CASACLUB and CASA CLUB DE LECTORES EL MERCURIO, registered in the same classes.

In this case the Supreme Court found that the lower courts had misapplied the law by taking into account only the word elements of the marks at issue, omitting considerations of the graphic elements of CASA CLUB TV. Further, most of the relevant public could identify the CASA CLUB TV since it was well known: this reduced the risk of confusion among consumers.

Source: "SC reverses decisions due to failure to take graphic element into account", article by Sergio Amenábar (Estudio Federico Villaseca, Santiago) for World Trademark Review.  Estudio Federico Villaseca acted for MGM Latin Amercia LLC in this action.

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