We are facing a new legal dispute between a Chilean brand and a company from the United States. It all started with the decision made by the National Institute of Industrial Property (INAPI), which authorized the registration of the name ‘Listailor’, company dedicated to the field of food preparation and distribution in our country.
According to what Diario Financiero published, this determination would lead to a confrontation with Elizabeth Taylor Cosmetics in the US, from where they already reacted to Inapi’s position in the face of the wishes of the administration of the national company.
“There are no assumptions invoked by the opponent that would allow the alleged cause of unregistrability to be established in the species,” the local entity assured in April.
Disconforme, the company that represents Taylor’s legacy internationally, appealed to the Industrial Property Court to reverse the determination.
“It could cause confusion”
“Liz Taylor corresponds to the pseudonym of actress Elizabeth Taylor. Clearly This reasoning does not comply with the law, nor the spirit of the norm. The sentencing intends to tell us that the change of equivalent letters saves the prohibition,” they assured from the foreign company.
In their argument they even question the name through a question. “Don’t you realize that the letters Y and I are read and pronounced identically? That is to say, If a third party requests Gavriel Voric as a trademark, would it be granted?.
In fact, Elizabeth Taylor Cosmetics lawyers assure that ‘Listailor’ could cause confusion among consumers in Chile.
“In this way, given that the trademark requested corresponds to a pseudonym, it is also evident that the consumer public will confuse the origin of the services offered, legitimately assuming that these are provided by my client, especially due to their coincidence and close relationship. “, they questioned.
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