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BOLIVIA, COLOMBIA, ECUADOR AND PERU

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

CONCEPT OF DILUTION AND PARASITIC USE

In Prejudicial Interpretation 152- IP -2015, the Andean Community Court of Justice stated that in connection with the risk of dilution and parasitic use, the judge should take into consideration the degree of notoriety or well-known character of the sign in order to determine the real risk of being object of dilution or parasitic use.

 

The Court added that although the Andean legislation does not distinguish between a well-known trademark and a renowned one, presumably a sign with great remembrance and widely available, even in different sectors in which it is protected, is more vulnerable to parasitic use by a third party, or dilution.

In this regard, the Court indicated that trademarks that are advertised in mass events such as sporting events, or those that are used to sponsor subjects of high impact such as athletes or artists, enjoy greater diffusion and consequently require a more detailed analysis by the judge when comparing the sign with others to prevent the occurrence of parasitic use.

The Court upholds that the risk of dilution of a well-known trademark is predicted by adhesive behaviors that are capable of causing the weakening of the distinctive ability of a well-known trademark, even if the conduct is carried out for products that have no relation with those protected by the well-known trademark.