Sociedad Rafalowsky y Teitelmann Ltda. submitted an inquiry to the Competition Tribunal, regarding the legitimacy of importing authentic and original “Chevron” brand products, after they had received a letter from Chevron Texaco, compelling them to cease and desist selling said products immediately, given that they were not authorized distributors and were allegedly using the brand improperly.
The Tribunal noted that an abundant antitrust body of law states that the purpose of competition laws is the safekeeping of economic agents’ freedom to enter the market equitably. Therefore, even though registering a brand protects its owner from any attempt to use said brand illegitimately, this registration does not allow them to prevent third parties from importing and commercializing legitimate products of the same brand in the country. The Tribunal also stated that this matter should be solved in the corresponding jurisdictional stance.