Background on the Parties Involved
The dispute revolves around Zoila Luz Bañez Leyva, a Peruvian entrepreneur, and The Coca-Cola Company, the global beverage giant. Bañez Leyva sought to register the brand “Doutdes” for clothing, footwear, and headwear under class 25 of the International Classification System. Coca-Cola, known for its iconic “wavy red” trademark on beverages, opposed the registration, claiming that Bañez Leyva’s logo imitated their well-known mark.
The Nature of the Dispute
Bañez Leyva applied to register “Doutdes” on August 5, 2022. Coca-Cola responded by filing an opposition on September 8, 2022, arguing that the proposed logo mimicked their famous “wavy red” trademark, which is associated with Coca-Cola and Coke beverages. They also claimed that using the “Doutdes” sign could dilute their brand prestige and mislead consumers into believing there was a business relationship between the two parties.
Coca-Cola supported their position with additional evidence, including photographs showing clothing featuring non-alcoholic beverage brands as part of merchandising strategies. The case highlights the tension between small businesses and large corporations when it comes to trademark registration.
Indecopi’s Ruling
On this Tuesday, the National Institute of Competition and Intellectual Property Protection (Indecopi) in Peru resolved the lengthy trademark dispute. Indecopi determined that “the signs are not similar, neither in their phonetic expression nor in their graphic design.” Furthermore, the institute concluded that Doutdes’ products have no relation to Coca-Cola’s offerings, thus eliminating any risk of consumer confusion or erroneous business association.
Indecopi also dismissed Coca-Cola’s concerns that Bañez Leyva’s mark would unfairly capitalize on the soft drink company’s prestige or negatively impact its distinctive value or advertising. This case not only marks a victory for Bañez Leyva but also sets an important precedent for entrepreneurs facing legal challenges from large corporations.
Key Questions and Answers
- What was the dispute about? The disagreement centered around Coca-Cola’s claim that Bañez Leyva’s “Doutdes” logo imitated their famous “wavy red” trademark, potentially diluting their brand prestige and misleading consumers.
- What was the outcome of the dispute? Indecopi ruled that the signs were not similar and that there was no risk of consumer confusion or erroneous business association between Doutdes and Coca-Cola.
- Why is this case significant? This ruling supports small businesses and entrepreneurs in trademark registration disputes against large corporations, setting an important precedent for future cases.
