list of contributors - GALA

DOMINICAN REPUBLIC
Jaime R. Angeles
Oficina Jaime Angeles
jaime@angeleslegal.com
www.angeleslegal.com
1. Topic: Injunction of use of a slogan in advertisements
Where: Dominican Republic
When: November 2, 2004
What Happened: British American Tobacco (Brands), Inc. successfully obtained an injunction
that prevents a national tobacco company (La Tabacalera) to use the slogan
EXPLORA LA ONDA and EXPLORA LA ONDA VERMONT (Explore the
Wave and Explore the Vermont Wave), in any product or marketing or
promotional material of any kind or means including communication to the
public.
The judge considered that injunctions are remedies necessary when in a
case,a plaintiff’s rights seem to be justified and they presume the urgency or
danger of the protected rights, also to avoid the disappearance of the
evidence, and to guarantee the rights of the applicant. The judge considers
that the remedies can be adopted in a fast and simple form before initiate the
action in justice.
Comments: A very important decision, taking into account that the Dominican Republic
has a new Criminal Procedure Code. It was the first remedy adopted by a
criminal court after the new Code was enacted (September 2004)
2. Topic: Criminal penalties for misuse of a slogan
Where: Dominican Republic
When: November 18, 2004
What Happened: A Dominican tobacco company (La Tabacalera) was found guilty of
trademark infringement for the use of the slogans EXPLORA LA ONDA and
EXPLORA LA ONDA VERMONT (Explore the Wave and Explore the Vermont
Wave). The company has to pay a fine of 50 minimum monthly wages
(US$7,885.00).
The judge considered that
a) The evidence presented in the trial showed that La Tabacalera used the
slogan EXPLORA LA ONDA in marketing and promotional material.
b) The illegal (fraudulent) use of the slogans by the defendants was
established from the knowledge they had about them, from the registration
of the slogan and from the exclusivity right of exploitation that the plaintiff
has of the registered sign.
c) The evidence presented also proved that there was no authorization to
use the slogan.
Comments: This was the first trademark decision since the application of the new
criminal procedure code in DR.