Maria Carolina Herrera, Originally from Peru, She is dedicated to making soaps to give away as party favors.under the brand “The soap dish by Maria Herrera”. In Christmasher son decided to surprise her with the trademark registrationif you know the legal problem that this would cause.
Time after registrationMaria Carolina received a notification of a lawyer from the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) of Peru that was offered to advise her before the demand that brought him the Carolina Herrera company.
The Venezuelan wanted her Carolina Herrera brand to be the only one in the cosmetics marketso he sued María Carolina in order to get her to give up the name, but what were his arguments?
Why did Carolina Herrera sue a Peruvian woman?
According to Flavio Nuñez’s lawyer from Indecopi, Maria Carolina was defendant for the Carolina Herrera company because “They are using the surname Herrera and No one else can use the surname in it cosmetics sector“.
Maria Carolina declared, for Panoramathat was disappointed with Carolina Herrerabecause a ” was made to himstupidity” to fight for the rights to a common surname.
If it was the name, Carolina Herrera, I can understand it. But when you go to the ownership of the surname, I was a little disappointed.Maria Carolina Herrera.
The lawyer, who is also the son of Maria Carolina, said that Carolina Herrera argued that the surname was what distinguished her brand, so “no one else could use it.” However, Maria argued that the “Herrera” was common in Peruhence I “couldn’t” go around the world “prohibiting someone else’s surname.”
As part of the legal process, the Peruvian’s defense specified that María Carolina took ownership of the surname from the moment of her birth in 1965.since his full name is Maria Carolina Herrera Herrera.
They also emphasized that Carolina Herrera was originally called Maria Carolina Josefina Pacanins Niñoand it was until 1969 that adopted the Herrera as it is her husband’s last name.
María Carolina said that since she was a child she was associated with the Carolina Herrera brand, and she did not like it.which is why she chose to register her business as María Herrera, even to “avoid being tied to a trademark.”
For its part, Carolina Herrera claimed that her surname was “industrial property”so their brand would be confused, added to the fact that they were in the same perfume and soap sector. For this reason, in the first instance, they had the advantage in the case.
I said, we already lost it, it’s over.Maria Herrera.
However, they decided to take the case to a second instance, arguing that María Herrera did not use the surname to generate similarity, nor did they have a similar logo.
In response, Carolina Herrera’s lawyers did not refute the claim any further. Indecopi ruled in favor of María Carolina, since the surname “cannot be monopolized” and its brand has enough individualizing elements.”
➡️ Join El Sol de México’s WhatsApp channel to not miss the most important information