An August 2022 Buenos Aires National Civil Court decision(1) in a case filed by the heirs of Diego Armando Maradona highlights the importance of IP protection programmes on e-commerce platforms. Such programmes are an essential tool in any corporate policy to fight against the infringement of trademarks and other intangible assets.
Maradona's heirs requested a precautionary measure to order Mercado Libre to suspend all publications on its website that infringed the trademark rights of the Maradona family, either by the inclusion of the name or image of Maradona or a pseudonym thereof.
Both the first- and second-instance courts rejected the requested measure, ruling that Mercado Libre already offered a trademark protection programme which enabled users to report any publications that infringed their trademark rights through the platform.
IP protection programmes, such as the brand protection programme offered by Mercado Libre, are an essential resource when it comes to protecting IP rights, since they allow users to report any infringing content on e-commerce platforms and obtain the immediate removal thereof.
For further information on this topic please contact Belen Sorrentino at Ojam Bullrich Flanzbaum by telephone +54 11 4549 4900 or email ([email protected]). The Ojam Bullrich Flanzbaum website can be accessed at www.ojambf.com.
Endnotes
(1) Maradona Villafañe, Dalma Nerea and others v Mercado Libre SRL on precautionary measures (Federal Court of Appeals in Civil Matters 24903/22, Division A, 26 August 2022).