Oscar Mago January 16 2023 Battle of the beer brands: Indecopi rejects lawsuit filed by Backus brewery OMC Abogados & Consultores | Intellectual Property - Peru Oscar Mago Intellectual Property FactsDecisionFactsIn 2021, the brewery Backus launched an advertising campaign for its Pilsen beer under the slogan "Enjoy a Helenita". Backus was unaware that a craft beer named "Beer Helenita" was already being marketed and had acted as a sponsor of various local comedy shows.Upon becoming aware of the situation, Backus contacted the owner of the Beer Helenita brand and asked it to withdraw its brand from the market. Backus then filed a criminal lawsuit before the National Institute for the Defence of Free Competition and the Protection of Intellectual Property (Indecopi), arguing that the Beer Helenita brand infringed the advertising campaign launched by Backus to promote its Pilsen beer.DecisionAfter eight months of dispute, Indecopi declared Backus's lawsuit to be unfounded and issued a resolution that authorised the marketing of the Beer Helenita craft beer. The prior registration of the brand was a key factor in this ruling.For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.