We advised the company in the infringement action for the alleged undue use of trademark EBEAUTY.COM.PE.
Our client developed an online sales platform for L’Oreal products. E-ticket stared an infringement action against Salesland and L’Oreal. Our defence arguments have been solid, based on the fact that the term Beauty is a term commonly used in class 3 and 44 and that these classes are not related to class 35 (merchandising of products). The Trademark Office has declared unfounded the infringement action.
The other party has appealed the Resolution. In a subsequent higher instance resolution, the initial decision declaring the action unfounded was reversed. This reversal pertained to the aspect that deemed the action unsubstantiated. The appellate body has instructed the Commission to issue a new pronouncement concerning the matters at the core of the infringement dispute.
