Trademark Caselaw | Peru | Amazon Prevailed in Opposition Case Over Trademark GT GOODTHREADS (& Logo), Or Did It?
Earlier this year, the Specialized Chamber on Intellectual Property at INDECOPI’s Competition and Intellectual Court (the Chamber) confirmed the refusal of a trademark application for GT GOODTHREADS (& Logo), in class 25, filed by Peruvian citizen Emerson J. Flores in a process where Amazon Technologies, Inc. (Amazon) had opposed the subject application. However, there is more to this case before we can declare a “winner”.
Trademark GT GOODTHREADS (& Logo), as filed by Mr. Flores.
Source: INDECOPI
The backdrop to this story is a trademark opposition filed on November 12, 2019, where Amazon based its case around a pending U.S. trademark application, among others, and argued that the applicant intended to register its trademark GT GOODTHREADS (& Logo) in bad faith. The Trademarks Commission at INDECOPI found there was no evidence supporting the bad faith argument, nor an unfair competition case, and rejected Amazon’s opposition, while also refusing the trademark application, based on a preexisting registration for GT (Logo), in class 25, owned by a third party.
Amazon based its opposition, among others, on U.S. trademark application No. 87313790, filed on January 27, 2017 in class 25, by On Steel Inc., which later merged with Amazon Technologies, Inc.
Amazon appealed the Trademarks Commission’s decision, arguing that the applicant had -indeed- filed for trademark GT GOODTHREADS (& Logo) and with the intention of engaging in unfair competition.
In its decision of January 8, the Chamber found that since the applicant did not appeal the refusal of his trademark application and considering that the objective originally sought with the opposition -i.e. the refusal of the subject trademark application- had been accomplished, there was no purpose in reviewing Amazon’s appeal, as it had become a moot case.
The Trademark Commission iussed its refusal of the proposed trademark GT GOODTHREADS (& Logo), based on pre-existing trademark registration No. 147685, for GT (& Logo) in class 25, finding both signs confusingly similar.
Source: INDECOPI
The applicant’s failure to appeal the refusal of its application resulted in an atypical way to put an end to the process, where the Chamber lacked jurisdiction to review Amazon’s appeal, since the case had ceased to exist, a circumstance consistent with the doctrine of mootness.
Click here to request a copy of the Chamber’s decision or in case you wish to receive any additional information.
