Experience

SPEEDO Holdings B.V. filed an opposition against a local textile manufacturer who seeked protection for a similar boomerang device. The IP Office decided that even though the counterparty set out very detailed differences between the designs, the examination needed to see the marks as a whole, from the consumer's point of view, and rejected the application.

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In Doctors Associates Inc. v. Surfway, a riptide of C&D letters, and an administrative infringement action was needed to confirm the removal of the infringing SURFWAY restaurant in one of Ecuador's main surf villages, Montañita.

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Polmos Siedlce secured registrations for its well-known marks CHOPIN VODKA after an initial rejection for alleged violation of Frédéric Chopin's name and likeness.
The IP Appeal Board reversed the decision, granted the registrations and sets a new precedent in Ecuador.

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The legal battle between Chile and Peru over the appellation of origin PISCO involves discussions regarding the fabrication process, quality, flavour and of course trademarks. Should the Ecuadorian Trademark office cancel the mark PISCO SOTAQUI from a Chilean company if the government of Peru challenged it?  

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Bermeo successfully represented Musidor B.V., the Dutch agent of the Rolling Stones, in an opposition against Boca del Pozo for an infringing trademark
application on the Stones’ famous “Tongue and Lips” trademark.

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Bermeo successfully represented the Lego Group in an opposition against Consorcio del Pichincha for infringing trademark
applications of a design consisting of a car completely built by LEGO Blocks.

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In an unprecedented case in Ecuador, TELEFONICA from Spain files suit to change the company name of TELEFONICA S.A. ECUAPHONE. The IP Office ordered the Companies' Superintendence and the defendant to cease use of the name and set a deadline to adopt a new company name. On the risk of being terminated, the company had to amend its charter of incorporation and since May 19, 2010 is called Ecuaphone S.A.

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