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Helenita Stands Up to Backus

Published: Friday, December 16, 2022

In the year 2021, the Backus brewery company launched an advertising campaign for its product Pilsen under the title "Enjoy a Helenita", not considering that a craft beer named Beer Helenita was already in the market, which was also the sponsor of some local comedy shows. Upon learning of the situation, Backus decided to contact the owners of the mentioned beer brand in order to reach an agreement and request them to withdraw their brand from the market, otherwise they would proceed with a criminal lawsuit before Indecopi for having used the same nomenclature as the advertising campaign launched by Pilsen beer: "Disfruta una helenita" (Enjoy a helenita). After eight months of dispute, Indecopi declared unfounded the lawsuit initially filed by Backus and issued a resolution by which the free commercialization of the craft beer Helenita is authorized, being the prior registration of the trademark the key factor of this ruling for the craft producers. In case you require further information or advice on the registration of trademarks in Peru and Latin America, OMC Abogados & Consultores is at your disposal, please write to us at the following e-mail addresses: omago@omcabogados.com or marketing@omcabogados.com.pe

Oscar Mago
OMC Abogados
Country:
Peru
Practice Area:
Patents
Phone Number:
(511) 5026467
Fax:
N/A
Mr. Mago is the founding partner and CEO of the Law Firm OMC Abogados & Consultores He has more than 30 years of experience in the field of Intellectual Property Law. He is responsible for the management of the IP department where he provides his experience in Trademarks and Patents applications, oppositions, advice for cases of unfair competition and infringement actions, copyright, industrial design, among others. Likewise, Mr. Mago is a member of an extensive network of professional contacts among which we can mention the International Trademark Association (INTA), Inter American Intellectual Property Association (ASIPI), ECTA ( European Communities Trade Mark Association ), Associação Brasileira da Propriedade Intelectual (ABPI), Associação Paulista De Propriedade Intelectual (ASPI) and MARQUES. His professional labor has been recognized many times in the rankings specialized of IP such as Chambers and Partners, IP Stars, Managing IP, Leader League and The Best Lawyers.  Some comments on your professional performance:  "Always in a good mood and ready to give clients the best advice", proactive and hands-on Oscar Mago leads the all-encompassing IP practice, taking charge of all trademark matters at the Lima office. "A brilliant IP attorney with profound knowledge of the law, Mago is extremely responsive and always seeks to provide the best results for clients at truly cost-effectiveprices" (WTR 1000 Ranking 2021: Intellectual Property) Oscar Mago is co-head of department and market specialists consider that he is "very assertive and quick in his answers." Other interviewees deem him to be "very professional and very responsible when working; he considers us a priority." (LatinChambers 2021: Intellectual Property).

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