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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Experience

Cases

Our professionals are recognized for taking part in landmark cases which have earned them worldwide recognition. We invite you to learn about some of them.

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Client: adidas
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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Client: SOCIETE DE PRODUITS NESTLE
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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Client: Dolby
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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Client: NGK
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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Client: Espacio Aroma
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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Client: Levi's
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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Client: SKF, TIMKEN, SCHAEFFLER, FAG, INA
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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Client: Jansport
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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Client: adidas
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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Client: Ferrero
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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Client: Starbucks
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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Client: Motion Pictures Association
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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Client: Lacoste
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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Client: Marcas de perfume
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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Client: Fox International
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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Client: adidas
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.

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Our 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
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Corporate Services

  • Corporate and Commercial Law
  • Contracts and franchises
  • Notary services
  • Labor Law
  • Translations
  • Company incorporation
  • Legal and Tax residences
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Regulatory Affairs

  • Food and Beverage
  • Pharmaceutical and cosmetics
  • Cannabis industry
  • Plant Varieties
  • Agricultural products for farming or animal use
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Litigation

  • Litigation
  • Tenders
  • Contests
  • Defense of administrative disputes
  • Contractual breaches
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Accounting
Services

  • Tax advisors
  • Payroll services
  • Financial advisors and business intelligence services
  • Tax exemptions advisory services
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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

2022

The Legal 500

Uruguay - Band 1 - Paraguay – Band 2 - Bolivia – Band 3

2022

IP STARS

Uruguay - Copyright & Related Rights | Patent | Trademark Bolivia - Intellectual Property

2021

World Trademark Review

Uruguay, Paraguay, Bolivia - Intellectual Property

2021

Leaders League

Uruguay – Intellectual Property | Civil & Commercial Litigation | Litigation & Arbitration.

2021

IFLR 1000

Financial and Corporate

2021

Client Choice Award

Dra. Virginia Cervieri - Trademarks

2021

Chambers Diversity & Inclusion Awards

Lifetime Achievement Award - Gender Diversity

2019

Managing IP Awards - Americas Awards

Uruguay & Bolivia - Firm of the year

2022

DERES

Distintivo Especial “ReAcción en tiempos de pandemia” / Special Distinctive "ReAction in times of the pandemic"

2020

DERES

Mejores Prácticas 2021 & "ReAcción en tiempos de pandemia" / Best Practices 2021 & "ReAction in times of the pandemic"

2021

The Trademark Lawyer

Uruguay, Paraguay & Bolivia - Recommended Firm

2022

Global IP Awards

Uruguayan Trademark Firm of the Year

2020

Latin Lawyer

Uruguay - Recommended Firm

2022

Luxury Law Summit

Luxury Law Firm of the Year

2019

American Rising Star Awards

Best Firm in Uruguay

2019

Media Law International

Uruguay - Band 1

2021

Top Ranked

Uruguay & Bolivia – Intellectual Property

2020