Class Complement S.A.C. is a Peruvian company that markets the CREPIER brand that distinguishes class 18 products: suitcases, briefcases, wallets, etc. Last year it received a complaint of trademark infringement and unfair competition from Kipling Apparel Corp because it allegedly copied the designs (trade dress) of Kippling’s suitcases and backpacks.
After a successful defence against the infringement action, the Distinctive Signs Commission acknowledged and endorsed our substantive arguments. Consequently, the Commission determined that the claims of infringement and unfair competition were devoid of merit. However, Kipling Apparel Corp subsequently pursued an appeal against this decision.
The second instance resolution declared the infringement action founded but declared the partial nullity of the first instance Resolution in relation to the unfair competition action, requesting that the first instance rule on the unfair competition action. The first instance has declared the action of unfair competition unfounded. Kipling Apparel Corp has filed appeal against the Resolucion.
This case is still ongoing.
