The court’s decision was handed down in an infringement of industrial property rights brought by Cafeteros de Colombia vs. Bamboo & Cafe Ltds. The delegation for the Superintendency of Industry and Commerce (SIC), by judicial judgement held that the use of the words 'Juvenal Valdez' by the business Bamboo & Cafe Ltd in Bogota, infringed the Federacion Nacional de Cafeteros de Colombia’s trade mark i.e. 'Juan Valdez'. The shop was selling coffee based beverages. By the same token, SIC recognized the famous brand and its logo as notorious mark.
In support of the application, the Federacion Nacional de Cafeteros de Colombia submitted and attested the ownership of different marks regarding 'Juan Valdez' and its traditional logo (mixed and figurative marks), which are all duly protected by the respective trade mark titles granted by the Superintendency of Industry and Trade.
SIC considered that the use of ‘Juvenal Valdez’ could generate likelihood of confusion between such establishment and Juan Valdez' shops; not only by the grammatical similarity between the names, but also because the similar font used by the defendant. Consequently, SIC ordered Bamboo & Cafe Ltda to refrain from identifying its products and services with the said terms. It noted that the restriction extends to the use of the term in all kinds of advertising, stationery and any other use that could be put to for the development of its business.