The Competition Tribunal ruled in favor of El Golfo Comercial S.A. in a lawsuit against Capuy S.A., for disloyal competition conducts, by preventing its competitors from offering the product “kanikama” (a name that the plaintiff registered in the Industrial Property Department), and constituting a clear barrier to entry, given that the expression defines the product.
The Tribunal stated that the defendant could not apply branding law in an abusive way, if these practices tend to prevent, restrict or hinder free competition.
The Competition Tribunal ordered Capuy to abstain from preventing its competitors from using the generic expression “kanikama” (a food product, used in Japanese cuisine, whose name defines the product in this market) to identify the products they offer. The defendant had to pay a fine of 10 Annual Tributary Units (around US$ 10,000).