On July 12, 2013 Division 1 of the Federal Court of Appeals on Civil and Commercial Matters confirmed the decision of the Judge of First Instance who had rejected a preliminary injunction against the use of "DINATEK " as a trademark, service mark and trade name, as well as the domain name www.dinatek.com.ar ("Inducor Ingeniería S.A. v. Porfiri, Pablo Mariano - Preliminary injunctions"). This preliminary injunction had been requested by the plaintiff on the basis of Section 50 of the TRIPS Agreement and invoking the de facto trademarks "DINA" and "DIN DINA", used in connection with software.
To so decide, the Court of Appeals concluded that although in exceptional situations unregistered trademarks which have been intensely used and have created goodwill may deserve some legal protection, such exceptional circumstances were not present in this case.
Specifically, in the case it had not proved that the de facto trademarks "DINA" and "DIN DINA" invoked by the plaintiff as a ground for the preliminary injunction request met the above requirements (i.e., intense use and goodwill). The Court of Appeals concluded that the likelihood of success on the merits was not manifest, as required by the Court of Appeals in similar judicial cases as a condition to grant a preliminary injunction.
This ruling is in line with earlier decisions of the Court of Appeals and the opinion of legal commentators who hold that only exceptionally may unregistered marks deserve protection. Indeed, in Argentina ownership of a trademark and the right to its exclusive use are obtained by registration with the Trademark Office. All remedies against trademark infringement are readily available to the owner of a registered trademark. Owners of unregistered trademarks may obtain legal protection in specific cases provided that certain conditions are met and that adequate proof is submitted to the court.