Local PTO declares “Juan Valdez” a well-known trademark and bans the use of the expression “Juvenal Valdez”
In a court ruling, the SIC (Superintencia de Industria y Comercio) recognized “Juan Valdez” as a well-known trademark and also banned the company “Bamboo & Café LTDA the use of the expression “Juvenal Valdez”.
That court resolution was the result of a judicial proceeding related to an alleged infringement of intellectual property rights. The claimant was the National Federation of Coffee Farmers of Colombia (Federacion Nacional de Cafeteros de Colombia) and the defendant was the company Bamboo & Café LTDA. According to local dispositions, in this kind of proceedings the SIC acts as the judge.
The main reason to begin this legal proceeding is when The National Federation of Coffee Farmers of Colombia took notice that the company Bamboo & Café identified a local coffee shop in Bogotá with the words “Juvenal Valdez”, which was considered too similar to their own trademark “Juan Valdez”.
According to the arguments included in the ruling, Bamboo & Café LTDA infringed intellectual property rights by using the expression “Juvenal Valdez”, based on the trademark “Juan Valdez” property of the National Federation of Coffee Farmers of Colombia. Strong similarities between the opponent signs and the high possibility for consumers to confuse both products were demonstrated.