Infringement action for alleged trade dress and trademark violation. Our firm is representing Class Complement in an infringement action started by Kipling against the client due to alleged trade dress and trademark violation of Kipling’s suitcases and backpacks. We are assisting the client in designing a strategy to defend the right of CREPIER designs in their suitcases and backpacks.
Necessary distinction between trade dress and common use elements: We sought to demonstrate lack of trademark misuse and as for the trade dress, it refers to elements of common use used by several competitors, such as the use of the designs of the elements in the trademark located in a circle, circular zippers, and pompoms. It must be considered that the elements indicated as trade dress by Kipling are elements of common use that a single owner cannot appropriate.
Major Peruvian player in in luggage and handbag market: Class Complement is a Peruvian company that markets the CREPIER brand, distinguishing class 18 products such as suitcases, briefcases, wallets, etc. As a Peruvian brand that has been constantly evolving for 45 years, its activities are not only national but also international.
Challenging case with intricate developments: This case has been challenging and has had several twists and turns, as the administrative court has declared the nullity of the first instance decisions on two occasions. At all times, we have sought to have the authority recognise that a single owner cannot appropriate the generic elements.
Several appeals filed by counterparty led to granting of unfair competition claim: The National Institute for the Defence of Competition and the Protection of Intellectual Property (INDECOPI) initially ruled Kipling’s infringement action for improper trademark use as unfounded and deemed the unfair competition claim inadmissible. Kipling appealed, leading to a series of nullifications by the INDECOPI Tribunal, which ultimately found the unfair competition claim valid, arguing that although the elements involved were of common use, they had been used as a whole by Class Complement.
Latest development: The case is closed with the imposition of a reduced fine.
