After several years of litigation, first in the administrative venue and later before civil courts, OLIVARES' Civil Litigation team obtained a final judgment that demonstrates the importance of protecting intangible assets as an essential part of business value and reaffirms the obligation to provide full compensation for the consequences arising from their infringement.
The Court ordered the infringer, an actor in the cookie industry, to pay tens of millions of pesos, plus legal fees and costs, in favor of our client, for marketing cookies that used a confusingly similar trademark without authorization.
This decision stands out not only because of the amount awarded, but also because of the legal standards applied by the Courts. First, the admissibility of the civil damages claim was recognized. In addition, the causal link was analyzed, and accounting evidence, to determine the amount and temporality of the infringing conduct, together with human presumptions was evaluated. Finally, the damages were calculated by applying the rule established under the applicable law, which provides that the amount may not be less than 40% of the retail price of each product through which industrial property rights were infringed.
The success of this ruling lies in the solid integration of trademark protection with civil liability principles, ensuring effective and proportional compensation for damages.
This precedent not only strengthens legal certainty for industrial property rights holders but also sends a clear message to potential infringers: non-compliance and unlawful exploitation of rights can lead to severe financial consequences.
The OLIVARES Civil Litigation team has consolidated a specialized practice in the judicial defense of intellectual property rights, combining technical expertise with extensive civil litigation experience, achievements that have led to successes such as this recent case.
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