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The Federal Court of Appeals confirmed the ruling that had
accepted the preliminary injunction filed by the plaintiff,
authorizing same to continue exporting.
Tribunal I of the Federal Court of Appeals for Civil and
Commercial Matters of Buenos Aires in re: "Trivento Bodegas y
Vińedos SA vs Austi, Marcelo E." confirmed the lower
court's ruling that had accepted the preliminary injunction
filed by the plaintiff and authorized said party to continue
exporting wines with the trademark PAMPAS DEL SUR as it had been
doing before the defendant blocked Trivento's exports at
Customs.
Trivento requested the preliminary injunction within the context
of a cancellation action initiated by that party to have the
trademark PAMPAS DEL SUR, Registration No. 2154545, in
international class 33, in the name of the defendant, declared null
and void. The plaintiff also sought to recover the damages that
occurred as a result of the blockage on exports.
The First Instance judge admitted the preliminary measure. The
defendant appealed and the Court of Appeals confirmed the lower
court's decision taking into account that the injunction did
not affect the commercialization of products in Argentina where the
defendant obtained his trademark registration.
The Court also considered that Trivento's export of PAMPAS
DEL SUR wines, since 2002 and to different countries, was not a
controversial issue. The same applied to Trivento's
registrations abroad which, in same cases, had been registered
before 2004, date on which the defendant filed PAMPAS DEL SUR in
Argentina.
In view of the above and considering that the plaintiff did not
commercialize products with the trademark PAMPAS DEL SUR in the
local market and that the defendant did not export, the Court found
no reasons for Trivento to interrupt the export of PAMPAS DEL SUR
wines during the course of the cancellation action.
The periculum in mora was evident to the Court since Customs had
blocked the plaintiff's export. Finally, the Court considered
that the authorization for the plaintiff to continue exporting did
not affect the defendant's activities since the defendant was
not able to prove ownership of the trademark PAMPAS DEL SUR in
those countries where Trivento exported. The defendant's
exports to those same countries were not proved either.
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