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In re "Apple Computer, Inc v. Goldfarb, Roberto
Jaime" Division 2 of the National Court of Appeals on
Federal Civil and Commercial Matters held that Apple Computer's
characteristic apple design is a well-known mark in Argentina and
considered that it was an important distinctive factor that avoided
confusion with the opposing trademark.
Apple Computer had applied for registration of its apple design
in International class 35, which was opposed by defendant on the
basis of the registration of his own apple design in the same
class. Apple Computer filed a lawsuit seeking that the opposition
be declared groundless.
The Court of First Instance admitted the complaint and the
Appellate Court upheld the lower court's decision, stating that
it was not possible to claim exclusive rights over generic
designs.
In particular, the Appellate Court indicated that exclusivilty can
only be claimed in respect of the characteristic features of the
chosen design and not on apple designs in general. After comparing
the designs at hand, the court considered that they were not
confusingly similar, specifically taking into account that Apple
Computer's mark was well-known, which prevented confusion with
other designs.
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