Editorial: Trademarks in Argentina
01 October 2008
Shifts in trademark law are having an effect on the landscape this year. An amendment to the 1993 Consumer Protection Law was made in March 2008 concerning trademark owners' liability. Controlling entities of products can now be considered as "suppliers" as they provide trademarks to goods or services. This is regardless of who manufactures it.
The first example of this change is the result of a case where IVESS, Soda Siphon Manufacturing's controlling entity, was found jointly liable for consumer injuries resulting from exploding siphons. The expansion of the term "supplier" to entities that authorise trademark use to third parties has widespread consequences.
Twelve lawyers feature in this analysis of the Argentine market. Marval O'Farrell & Mairal is considered by many to be "second to none" in the practice area, both for bench strength and for the quality of its lawyers. The firm's international presence is undisputed, and a great deal of its work is based in the US and Europe. Clients include Ford, Coca-Cola, Microsoft, Chanel and Hewlett Packard. The group has also assisted on the drafting of legislation. Marval lawyers were instrumental in having Argentine customs implement an alert system where trademark owners can register with them to prevent counterfeiting. Specialising in trademark litigation, Miguel O'Farrell is "a leading light, in Argentina and on the international stage". He is domain name panellist of the arbitration and mediation centre of the World Intellectual Property Organization. Competitors praised Iris Quadrio's trademark prosecution expertise. As one impressed source said, "her high-quality clientele speaks volumes for her work."
Similarly G Breuer's intellectual property practice is also considered one of the very strongest in the country. This "small but successful" group is highly recommended by peers. Jorge Otamendi is another lawyer with a high-profile internationally. Competitors noted his "ablity to get to the heart of the matter and serve clients in the best possible way." Alejandro Breuer-Moreno also appears, and is recommended for being "professional in his approach and easy to work with."
Sena & Berton Moreno is home to another highly praised lawyer Alberto Berton Moreno. The firm is recommended for its work on online matters as well as traditional trademarks cases. Alberto Berton Moreno is "an international authority", who is widely published on trademark matters. Ricardo Richelet of Richelet & Richelet was dubbed "one of the best around" by one contributor to the survey. The firm is an "established player" in the market and is one of Argentina's "best IP boutiques," according to peers, with particular attention drawn to its litigation capability.
The "respected" Fernando Noetinger of Noetinger & Armando is a name partner of this IP-specialist firm and "well known on the international trademarks circuit." Héctor Ariel Manoff represents Vitale Manoff & Feilbogen, where he heads up the intellectual property department. His clients include McDonald's. Pérez Alati Grondona Benites Arntsen & Martinez de Hoz (Jr)'s Damaso Pardo is complimented for his skill as a litigator, and his group's clients include Lycos, Explorer and Frontline and the firm has created portfolios for Visa, Pirelli and Kraft Foods.
Ferrer Reyes, Tellechea & Bouché is a well-regarded IP boutique and name partner Santiago Ferrer Reyes is highly regarded by contributors to the survey. Mitrani Caballero Ojam Abogados also appears thanks to IP department leader Juan Carlos Ojam's "excellent trademark expertise", which includes complex matters such as multi-jurisdictional litigation and cross-border licensing. Richards Cardinal Tutzer Zabala & Zaefferer is home to Juan Pablo Cardinal, who is "a fabulous anti-piracy lawyer" whose clients hail from a wide range of industries.