Trademark Caselaw | Argentina | Clark Equipment Company Enforces Color Trademark

A Federal Court, in Argentina, ruled in favor of Clark Equipment Company in a trademark infringement suit against Iron Group S.A., involving the use of a registered color combination in connection tractors.

Tractors sold by the plaintiff

The case is Clark Equipment Company et al v. Iron Group S.A., involving the defendant’s import, export and sales of tractors whose colors consisted of a color combination, which Clark found to infringe upon its trademark registration No. 2.599.260, consisting of the color combination consisting of “reddish orange, white and black”, applied to the shape of its tractors and forklifts, specifically a line of vehicles identified with Trademark BOBCAT, also registered.

Clark Equiment Company’s registered trademark

The subject mark, registered under No. 2.599.260 claims colors “reddish orange, white and black”.

The judge found it was a clear infringement case, since the tractors offered through the defendant’s website showed the exact same color combination as the one registered by the plaintiff benefiting from the goodwill of the plaintiff’s trademarks, and also ruled that being part of the same area of business as the plaintiff, defendant’s claims to a punctual error did not seem to make sense, since it made sense for it to be aware of the fact that it was preying upon the colors associated with plaintiff’s BOBCAT line of machinery.

Clark Equiment Company’s BOBCAT Loader

Source: http://www.clarkequipment.com/brands/bobcat

In finding in favor of Clark, the court ordered the defendant to cease use of the plaintiff’s registered trademark and stop selling any goods included in the subject registration, where they comprise the registered color combination.

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