Judicial Dispute over Administrative Resolution about trademark and logo rights. Estudio Olaechea assisted Hytera—a professional communication technologies company—in a judicial dispute over Administrative Resolution regarding trademark and logo.
After the National Institute for the Defence of Free Competition and the Protection of Intellectual Property (Indecopi) ruled in favour of Hytera in administrative proceedings, Radio Network filed a lawsuit against both Indecopi and Hytera to waive the decision contain in the Administrative Resolution regarding Hytera’s trademark and logo.
Favourable ruling focusing on established market interest in Peru: Radio Network’s lawsuit was dismissed in the trial court, a decision which was upheld in the Court of Appeal. We successfully demonstrated that our client had registered its trademark before Radio Network and had established market interest in Peru, aligning with trademark registration regulations also shared by Colombia and Bolivia. This view is also expressed in the Administrative Resolution.
Positive outcome prevents competitor from using client trademark: The case concluded with two rulings in Hytera’s favour, because they declared that the Administrative Resolution is valid and blocking Radio Network from registering the contested trademark and logo.
Essential case for protection of client’s identity from unfair competition: This case is significant for Hytera as it prevents another company from using its trademark and logo, safeguarding its identity in the Peruvian market and within the Andean Community. It also helps to prevent consumer confusion and discourages unfair competition.
Latest development: Our work was successfully completed in the matter.
