A group of distributors of the products of the Fábrica de Licores de Antioquia (FLA), resorted to a legal appeal before the High Court, which in the coming days must rule, based on an expert opinion, to settle the controversy between that company and the Caldas Liquor Industry (ILC).
The story began when the ILC launched Aguardiente Amarillo de Manzanares, and shortly after, in response to the commercial and market dynamics, the FLA launched Aguardiente Real.
Immediately afterwards, the ILC filed a trademark infringement and unfair competition action before the Superintendence of Industry and Commerce, arguing that the FLA’s product imitated its own, and was misleading the consumer.
According to the ILC, the FLA’s Royal Brandy uses the same color as its liquor and this produces, among other things, the use and exploitation of the reputation of others. Additionally, the ILC assures, the shape, color and typography of its competitor’s bottle is very similar to its own, and that does not comply with competition regulations.
As a consequence of the ILC’s demand, the Superintendency decreed a precautionary measure, which in practice meant the withdrawal of Royal Spirit from the market.
Affected by the impossibility of selling the product, a group of 11 of the most important FLA distributors throughout the country decided to become part of the process, through a legal figure called coadjuvancy.
To do this, they hired an independent expert opinion and brought it before the Superior Court of Bogotá, Civil Chamber, which in the coming days must decide in a single instance on the issue.
WHAT DID THE EXPERT CONCLUDE?
Based on strictly technical arguments framed in the current legal norm, the expert report produced a forceful concept: There is no type of similarity either in the name, or in the color of both liquors, or in the shape of the bottle, or in the typography used, so that the ILC’s arguments are completely distorted.
If it accepts the technical arguments of the expert opinion, the Court could decree the cessation of the precautionary measure that weighs on Royal Aguardiente, which in practice means its return to the market, stimulating free competition, and guaranteeing consumers not only a variety of products in the cupboards but their right to choose.
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