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Gotcha recovers its brand in Chile

Intellectual Property
29 October, 2016

Chilean Supreme Court ruling ended 30 years of Perry Ellis brand’s piracy

Until last month, If you were to by GOTCHA sportwear in Chile, you may probably think that you were acquiring an item of clothing of the prestigious international brand GOTCHA. Well, you were wrong.

It took almost 5 years to the recognized clothing brand, Perry Ellis, to recover the well-known trademark GOTCHA, including the famous “Bubble fish” Design, which in Chile had been registered in the name of a local company.

The fight involved three Chilean trademark registrations: two for the mark GOTCHA for covering clothing and a Commercial Establishment, and one for the recognized Bubble Fish Design for covering clothing. Such trademarks were firstly registered in the 80’s and currently were owned by La Frontera S.P.A and Rodrigo Alejandro Habibeh Beitro. In the meantime, a combat regarding an application for GOTCHA in the name of Perry Ellis for covering clothing, was added.

The victory came from the Supreme Court that in October, issued the final rulings rejecting the cassation recourses filed by the local company and Mr. Habibeh.

This was the last battle that the north American origin brand had to fight. First, they had to resort to the National Institute of Intellectual Property, authority who accepted the cancellation actions filed against Chilean registrations based on the bad faith in their registrations for being identical to the famous and notorious GOTCHA marks. Perry Ellis had to defend the favorable decision before the Intellectual Property Court and finally, the highest Court ratified the rulings of the prior instances, always in favor of the recognized clothing brand”.

Go to press (El Mercurio) publication of this case

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