The Competition Tribunal dismissed a lawsuit by Comercial e Importadora Audio Música S.A. against Mr. Ariel Lagas Canales.
In its ruling, the Tribunal stated that, even though it has jurisdiction over cases in which a registered trademark might have been used as a barrier to entry of legitimate competitors with the objective of achieving, maintaining or augmenting a dominant position, the plaintiff did not accuse the defendant of that charge. Those circumstances cannot be concluded from the merits of the case either.
The Tribunal also reiterated its previous jurisprudence, stating that if a person is the legal owner of a determinate brand, even though she is protected from any attempts of third parties to use it illegitimately, this does not entitle her to block others from importing and selling original products of the same brand. This, notwithstanding her right to start any legal actions deemed pertinent, in defense of her legitimate interests.