By Linda Tancs
Following are some tips for trademark owners dealing with goods in Argentina:
1. Any of the following symbols can be used to designate a trademark registered in Argentina: ®, MR, or Marca Registrada.
2. Goods manufactured in Argentina must include the words “Industria Argentina” (Made in Argentina) on the packaging.
3. Argentina’s Fair Trade Act provides that packaging or labels include (a) the country where the goods were manufactured, (b) the quality, degree or purity of the goods, and (c) net weight. In the case of imported goods, the information must be included in Spanish, along with the name and address of the importer.
4. Argentina’s Consumer Protection Act establishes liability of trademark owners for damages caused to consumers arising from the sale of defective goods or services.
Check back often for other country-specific tips.
By Linda Tancs
A recent case handed down by the U.S. Court of Appeals for the Second Circuit illustrates the sometimes sticky wicket encountered between ad agencies and would-be clients. Here’s the scenario: agent makes a pitch to credit card companies to personalize their cards with cardholder photographs using the catchphrase “My Life. My Card.” A credit card company passes on a business relationship with the agent but uses the catchphrase in its advertising to much success. Agent protected the phrase with a trademark filing. Can the agent claim trademark infringement on use of the phrase by the company? Court’s answer: No. Why? Because a trademark’s inherent nature is to provide direction as to the source or origin of a product or service. A slogan used as an attention grabber in a pitch letter is not being used for this purpose. The slogan’s use benefits the card issuer, the purveyor of the actual product or service to which the slogan attaches. Therefore, the card issuer has trademark rights to the phrase, not the agent. The court’s decision is in keeping with a long line of cases holding that one who creates a slogan for another’s use (as ad agencies do) is not the trademark owner of the slogan in connection with the goods or services to which it will apply and cannot claim rights to it as a trademark owner. So consider that the next time you fancy an attention-inducing pitch but not the agent pitching it. Of course, a signed waiver might even prevent a walk to the courthouse.
