ANTI-COUNTERFEITING
Anti-piracy
Illegal trade is a source of income that affects everyone in the country, the government and, specifically, the trademark holder. It does not generate taxes and this reduces the resources to carry out public works, improve education, health, and safety and, at the same time, it generates unregistered work.
Along with the client, we develop the appropriate strategy to defend their trademarks against the scourge of trademark infringement. Our Firm has conducted trademark anti-piracy infringement campaigns across the country in categories such as footwear, clothing, and software, among others, tackling the causes of the problem with court (civil and criminal) and out-of-court actions.
Brief Explanation of the Legal System
In practice, based on the information furnished by the client, there are two courses of action against infringers. Firstly, to file a legal action, whether civil or criminal, which is referred to as a Preliminary Injunction. This action seeks to prove the trademark infringement, attach, and seize all identifying items bearing the trademark. The legal action will be civil or criminal depending on the infringement, whether the defendant is a retailer or the original counterfeiter, and further, on the circumstances of the case such as the dangerousness of the location, item quantity, exemplary proceedings, recidivism and so on. A preventive remedy may also be filed ordering the infringer to stop using the trademark while the main legal proceeding is pending.
Upon filing the appropriate injunction, the plaintiff has fifteen days to bring a legal action to stop using the registered trademark and to seek damages by ordinary proceedings. Today the law provides mandatory pre-trial mediation proceedings prior to the legal action per se. Within the above mentioned fifteen -day timeline or during the mediation proceedings, the parties may attempt to reach a settlement.
FOREIGN NETWORK
Our Firm offers assistance for the protection against illegal trade worldwide through a large network of specialized foreign associates.
This allows us to follow our clients’ international expansion, designing with them strategies adapted to the pace of their development.