Argentina – New registration fees for domain names
On February 28, 2014, the National Registry of Domain Names (“Dirección Nacional del Registro de Dominios de Internet, Nic-Argentina”), the governmental entity in charge of domain name registration in Argentina, by means of Resolution No. 80-2013 (“the Resolution”), approved new fees for the registration, renewal and assignment of domain names under the country code “.ar”, as per the following fee schedule.
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Trademark Registration v. Trademark Registration
On March 26, 2013 Division 1 of the Federal Court of Appeals in Civil and Commercial Matters granted the owner of trademark registration “ARGENTINA ESTÁ DE MODA” (“ARGENTINA IS FASHIONABLE”) in classes 16, 25 and 35 a preliminary injunction under Article 50 of the TRIPs Agreement, and ordered the defendant to refrain from using the trademark “ARGENTINA ESTÁ DE MODA” with the proviso that this injunction did not bar the defendant from using his trademark “ESTÁ DE MODA” (“IT IS FASHIONABLE”), as far as it was not combined with the word “Argentina”.
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Trademark Use v. Trademark Use
On April 9, 2013 Division 3 of the National Court of Appeals on Federal Civil and Commercial Matters of the city of Buenos Aires issued a verdict in the case “Del Olmo, Marcelo Eduardo v. Pastas Frescas San Genaro S.R.L.” declaring that trademark application “SAN GENARO” (and device), filed in International Class 30, was confusingly similar to opposing trademark “SAN GENARO”, used by the opponent-defendant since 1979 in connection with “pasta”.
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De Facto Trademark v. Trade Mark, Trade Name and Domain Name
On July 12, 2013 Division 1 of the Federal Court of Appeals on Civil and Commercial Matters confirmed the decision of the Judge of First Instance who had rejected a preliminary injunction against the use of "DINATEK " as a trademark, service mark and trade name, as well as the domain name www.dinatek.com.ar ("Inducor Ingeniería S.A. v. Porfiri, Pablo Mariano - Preliminary injunctions"). This preliminary injunction had been requested by the plaintiff on the basis of Section 50 of the TRIPS Agreement and invoking the de facto trademarks "DINA" and "DIN DINA", used in connection with software.
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Trademarks and Geographical Indications
On May 21, 2013 Division 1 of the Federal Court of Appeals for Civil and Commercial Matters reversed a decision of the lower court and upheld the refusal, based on section 3, subsection c), of the Argentine Trademark Law (No. 22,362), of the trademark application “PAISAJE DE TUPUNGATO”, filed under Serial No. 2,341,668 for “wine made with grapes originating from the Tupungato region” in International Class 33 (“Finca Flichman v. Instituto Nacional de la Propiedad Industrial”).
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