For over thirty years we have been committed to the interests of our clients and striving to achieve excellence and a higher quality of our services. At Cervieri Monsuárez we take care of it.
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CasesOur professionals are recognized for taking part in landmark cases which have earned them worldwide recognition. We invite you to learn about some of them.
25.000 counterfeit bearings seized in an import and wholesale company
Summary: Based on preliminary findings, SCHAEFFLER requested an investigation to obtain precise information on the alleged marketing of counterfeit bearings at an importing and wholesale company located in the city of Ñemby.
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GILLETTE: Three-dimensional trademark infringement
Summary: GILLETTE became aware that an important store was commercializing products identified with their trademark, in clear trademark infringement. Said store was also commercializing genuine products of the brand but at a higher price than those in infringement.
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LONGCHAMP®: Copyright protection of handbag designs
Summary: In May 2023, LONGCHAMP became aware that in a store in the metropolitan area of Asunción, the capital of Paraguay, they were commercializing handbags that infringed its copyrights and registered trademarks such as the famous handbag design.
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SEIZURE OF COUNTERFEIT SANITARY WARE
Summary: In 2021, SENAPI was informed to the arrival of a container at the Pisiga Extension Customs Office in the city of Oruro. This container came from China and had a total of 699 boxes with toilets (one and two-piece) and sinks with the FV brand.
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SCOTT: IMITATION OF THE ICONIC SPORTS BRAND
Summary: In November 2021, SCOTT representatives in Uruguay became aware that two companies were importing products in alleged infringement of the trademarks owned by SCOTT. A preliminary investigation was conducted to obtain more information on them.
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CANNA THÉ SOLUTION FOR GROWTH AND BLOOM
Summary: Trademark Application: On December 26, 2019, the firm A. S.A., domiciled in Paraguay, applied before the National Directorate of Intellectual Property (DINAPI) for the trademark CANNAPAR, under Records No. 19107777, 19107779 and 19107781, to protect products included in international classes 1, 35, 42.
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WELLA: COUNTERFEIT COSMETICS
Summary: On June 2022, OPI became aware that several formally constituted stores in the city of Asunción and in the metropolitan area were selling products that infringed OPI’s registered trademarks in Paraguay.
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POPSOCKETS VS. POP!: RECOGNITION OF THE VESTED RIGHTS OF THE TRADEMARK
Summary: On March 8, 2019, Mr. D.M.M, domiciled in Paraguay, applied before the National Directorate of Intellectual Property (DINAPI) for the trademark POP! (word) under Records No. 1917889 and No. 1917890, to protect products and services in Int. Classes 9 and 35 respectively.
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CRUFI: “CRUFI BLACK” vs. “CONO BLACK: not confusingly similar
Summary: In 2019, the owner of the company HH was notified of a claim for infringement of industrial property rights filed by “Compañía de Alimentos (CAL) Ltda”, a Bolivian company engaged in the manufacture and marketing of ice cream, dairy products and beverages.
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RIGHT TO OBLIVION: Uruguay at the forefront of Personal Data Protection
Summary: “ Order Google LLC and Google Argentina S.R.L. to de-index and remove from the list of results of its search engine (Google Search) the personal data of the plaintiffs with respect to the news published in the websites mentioned above”.
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Bolivia succeeds in the fight against online piracy: shutdown of a network of sites pirating movies and series.
Summary: In September 2020, it was found the existence of a network of pirate websites dedicated to the unauthorized public distribution of movies and series
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Case study: Seizure of personal care products due to copyright infringement
Summary: In October 2020, the Intellectual Property, Money Laundering and Drug Trafficking Division (DIPILAN), following a complaint filed by COLGATE, inspected at the MIDOMUX SA customs warehouse a container from China, whose consignee was a Uruguayan company.
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Unauthorized use of the three-dimensional trademark
Summary: We became aware through investigations that in the markets of the city of La Paz - Bolivia, chocolate sweets were being offered with a trade dress similar to FERRERO ROCHER sweets. Therefore, we investigated the origin of these products and obtained information
about the company that imported them and its address.
Commercialization of counterfeit products and trademark adulteration
Summary: A famous Uruguayan hypermarket chain was found was offering counterfeit footwear on its shelves which improperly used Abercrombie´s trademarks.
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Crimes commited by electronic means
Summary: The increase in the use of credit cards and online trading has led in turn to an increase of crimes using electronic media. One customer noticed, upon receiving his credit card statement, that it had been used to make dozens of purchases that had not been made by him/her.
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adidas: Wins battle against Phishing
Summary: “Phishing” is the illegal act of impersonating a person or company in order to obtain information and personal data from Internet users. These attacks may affect the rights of the company being phished, by using its distinctive signs to generate confusion among users.
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Protection of the “CRUNCH” trademark and demonstration of its distinctiveness
Summary: The inclusion of the element "CRUNCH" in a competing product implies a likelihood of confusion and association that Nestlé wants to prevent, so it files an opposition to the application for registration of the mark.
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Actions against non-authorized trademark use
Summary: After becoming aware of some cases in Latam, we were able to file claims and send warnings to those using the brand “Dolby” on unlicensed products and also to advertise in physical and online stores and on Internet platforms.
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Counterfeit spark plugs, a risk to society
Summary: All these types of products are manufactured under the highest quality standards, as they are extremely important parts for the proper functioning of motor vehicles. For this reason, it is essential to protect their authenticity, in this case, by seizing counterfeit spark plugs in different stores in Bolivia.
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Importance of trademark registration in the country of manufacture of the products
Summary: The well-known company that commercializes ambient and body aromatization products was faced with the situation that a third party in China registered its trademark in bad faith, thus preventing the importation of its products into Uruguay. The story of the resolution follows:
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Popular retail store copies pocket design
Summary: The arc-stitched pocket is known under the name of “Arcuate”, and it was registered as a trademark in 1943. Its uniformed “diamond” shaped design formed is protected by intellectual property rights to prevent imitations.
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Seizure of counterfeit ball-bearings in transit to Paraguay
Summary: The first seizure was made in Uruguay of a container in transit containing counterfeit ball-bearings of various internationally known brands. These have a high commercial value due to their volume and because they are used for high-cost machinery.
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JANSPORT VS. JOYSPORT: Trademark and “Trade Dress” confusion
Summary: It was noticed that a major supermarket chain was marketing JOYSPORT backpacks, in infringement of JANSPORT's intellectual property rights. The phonetics, the graphic similarity of the trademarks and the way of sale are fundamental aspects in the assessment of confusing similarity.
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Footwear toe as a device trademark
Summary: The company adidas requests the registration of the toe cap of its well-known "Superstar" footwear model in Uruguay, in order to avoid infringement of its industrial property rights over the design of the figure.
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Trade dress and distinctiveness recognition of the figurative mark
Summary: Ferrero filed a lawsuit against a Uruguayan company that was marketing chocolates with similar and confusingly packaging to those used in the famous "Ferrero Rocher".
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Actions due to unauthorized use of the trademark FRAPPUCCINO
Summary: Several stores received a notary notice for marketing products with the word FRAPPUCCINO, a trademark registered by Starbucks for its exclusive use.
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Pelispedia: three years and four months of conviction for pirate site administrators.
Summary: The famous case of the site that illegally marketed dozens of movies and series, was managed by a Uruguayan operator from his own home.
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Imitation of the "crocodile" design
Summary: Demonstrating that when we see a crocodile we only think of the Lacoste brand prevented a local manufacturer from registering a similar design for its new clothing line, which could have damaged the brand and confused consumers.
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Conviction in damages for USD 500,000 by imitation of trade dress of perfumes
Summary: Making their own products seem as if they were prestigious brands such as Hugo Boss or Coco Chanel by changing some letters had a serious cost for some retailers. The case was pioneer in setting a precedent for the payment of damages for industrial property rights.
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Roja Directa disqualified in Uruguay
Summary: Summary: After litigation, Uruguayan internet providers disable all domains of Roja Directa, the most popular pirate website for broadcasting sporting events in the world.
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The "three stripes": a universal symbol
Summary: Summary: A shoe manufacturer argues that the stripes on clothing are not distinctive of adidas. Justice, on the contrary, recognizes the validity of one of the most recognizable trademarks in the world.
More informationOur Services
We provide a wide range of services and counseling. Our practice areas cover the entire value chain of a business' intangible assets.
Assets Protection
- Industrial and Intellectual Property
- Litigation
- Personality and image rights
- Right to be forgotten
- Online monitoring
- Protection of technological innovation
- Data Protection
Corporate Services
- Corporate and Commercial Law
- Contracts and franchises
- Notary services
- Labor Law
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- Company incorporation
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Regulatory Affairs
- Food and Beverage
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- Plant Varieties
- Agricultural products for farming or animal use
How we do it
Awards
Our working philosophy has been recognized by the world's leading consultants, who evaluate our work based on clients’ opinions and comments.
Chambers Latin America
Uruguay - Band 1
2023
The Legal 500
Uruguay - Band 1 - Paraguay – Band 2 - Bolivia – Band 3
2023
IP STARS
Uruguay - Copyright & Related Rights | Patent | Trademark Bolivia & Paraguay - Intellectual Property
2023
World Trademark Review
Intellectual Property: Uruguay - Gold | Paraguay - Silver | Bolivia - Silver
2023
Leaders League
Uruguay, Bolivia – Intellectual Property | Patent Prosecution | IP Litigation | Enforcement & anti-counterfeiting actions | Trademark Prosecution | Civil and commercial litigation
2023
Client Choice Award
Dra. Virginia Cervieri - Trademarks
2021
Women in Business Law Awards Americas
IP Lawyer of the Year: Latin America - Dr. Virginia Cervieri
2022
Managing IP Awards - Americas Awards
Uruguay, Paraguay & Bolivia - Firm of the year
2023
Latin Lawyer
Uruguay - Intellectual Property and Corporate and M&A
2023
Green Swagger Award
Most Sustainable Booth at INTA Annual Meeting
2022
IFLR 1000
Financial and Corporate
2022
The Trademark Lawyer
Uruguay, Paraguay & Bolivia - Recommended Firm
2022
The Patent Lawyer
Uruguay, Paraguay, Bolivia - Top 10 Patent Firms
2022
DERES
Distinctive Commitment "Score Green" and "Mentoring ad honorem to entrepreneurs from all over the country"
2022
Media Law International
Uruguay - Band 1
2021
Top 250 Women in IP
Virginia Cervieri: Recommended Individuals
2023
WIPR Leaders
Uruguay - Patent Leaders | Trademarks Leaders
2022
Top Ranked
Uruguay & Bolivia – Intellectual Property
2020
Luxury Law Summit
Luxury Law Firm of the Year
2019
American Rising Star Awards
Best Firm in Uruguay
2019
Global IP Awards
Uruguayan Trademark Firm of the Year
2020
Chambers Diversity & Inclusion Awards
Lifetime Achievement Award - Gender Diversity
2019
