ARTICLE BY SERGIO AMENÁBAR AND CAROL SCHMEISSER, IN THE WORLD TRADEMARK REVIE

10 / 05 / 2021

 

World Trademark Review has recently published an article by the Senior Advisor of Villaseca Abogados, Sergio Amenábar, and the associated lawyer Carol Schmeisser, titled: “THE KING’S POLO CLUB or the importance of similar figurative elements”.

This focuses on the brand dispute involving involving Chilean multi-store Hites (Comercializadora SA) on the one hand, and The Polo/Lauren Company LP (‘Polo Ralph Lauren’) and the US Polo Association on the other, has recently been brought before the Supreme Court.

In the article, it is explained: “Hites led eight applications to register THE KING’S POLO CLUB in Classes 18 and 25 – one version included a polo player standing next to a horse at rest, while the

other contained two riders on moving horses. INAPI allowed the applications, despite objections by Polo Ralph Lauren and the US Polo Association.”

“The Industrial Property Appeal Court partially upheld the appeal, the decisive factor being the conguration of the gurative elements. Both Hites and Polo Ralph Lauren led a special appeal, which will be heard in the coming months by the Supreme Court”.

This article first appeared on WTR Daily, part of World Trademark Review, in February 2021. For further information, please go to www.worldtrademarkreview.com.