One of the issues of the moment is Frisby’s complaint about a company that would be supplanting his identity in Europe. The mess is such that That Spanish company not only uses the same name, but the colors, the logo and even the classic chicken that characterizes the firm.
A legal fight could be coming that could last several years. That, because The Spanish company made it very clear that it considers being entitled on the name of the brand before the Intellectual Property Office of the European Union (Euipo) and warned that it will continue with its expansion in the Old Continent.
The first thing that must be clear is that this international marriage conflict has arguments in favor for each side.
Points in favor of Frisby Colombia
This newspaper consulted Daniel Pardo, an expert lawyer in Corporate Law of Scola Lawyers. The lawyer clarified that this supplication of the Frisby brand can lead to several legal consequences, both in the civil and administrative sphere.
He added that There are norms in Colombia that would allow the brand to be protected, even abroad. This is the decision 486 of the Andean community (articles 155, 136 and 155) and Law 256 of 1996, which deleted on unfair competition.
With this, the holders of the registered companies can fight the unauthorized use of their distinctive signs, even abroad if notoriety and the risk of improper confusion or use of the prestige of others are demonstrated.
Find out: in Spain they would like to keep the Frisby brand: the beloved Colombian chicken company denounced supplantation
But, if the frisby of Spain is registered, would that be? Pardo argued: “The Regulation (European Union) 2017/1001 on the brand of the European Union and the 2015/2436 Directive establish that the holder of a registered trademark can prevent the use of identical or similar signs for identical or similar products or services, if there is a risk of confusion or if it is a noticeable brand (articles 8 and 9 of the regulation)”.
That’s not all, Article 60 of this regulation allows to request the nullity of a registration if it is demonstrated that it was requested in bad faith.
In that case, the Colombian fried chicken chain He would have to demonstrate that his competitor in Spain was aware of the existence and prestige of the brand and that is why he took advantage of his reputation to achieve revenues.
-What can Frisby Colombia do?
In that order, the Colombian restaurant chain can Start legal actions before the USA To request the nullity or cancellation of the European Registry of the Brand, claiming bad faith or international notoriety. It can also resort to Spanish courts to indicate unfair competition and marking infraction.
“Frisby Spain forces Frisby Colombia to initiate an expensive, complex and exhausting legal process, since, once the European protection on the brand, once obtained, This can only be distorted by judicial judgment, ”said the Pardo lawyer.
And that is not good news for the national firm. The lawyer believes that People behind the alleged impersonation in Spain could be looking for a monetary agreement to stop using the brand name in Europe.
He added: “It is important to emphasize that There are people who dedicate themselves to this fraudulent business “. Mentioned that there are situations in which They take advantage of high costs and complex processes which is a judicial case of this class to negotiate high sums of money with high recognition companies.
Other similar cases
There are many cases in which multinational giants have had to pay a million to protect their names in other countries.
One of the most popular cases was the Apple against the Chinese company proview technology, in 2012. Before the launch of the iPad in China, a conflict arose because the Asian firm recorded the name in that country.
To avoid a long judicial dispute and ensure the presence of the product in the large Asian market, Apple reached an agreement and paid $ 60 million to Review to solve the problem.
Another remembered case was that of a False Starbucks in CaracasVenezuela. The case was known at the end of 2021. And it generated a lot of controversy, but was not immediately closed.
The company responsible for the establishment was Yeet!, But at that time he clarified that it was not an official Starbucks store and that it simply offered the product with an aesthetic similar to the renowned international brand. In that case it is unknown if there was any agreement in this regard.
Find out: Frisby’s impersonation in Spain could be an advertising campaign in the Medusa style of Netflix?
