Carlos Castrillo published an interesting article for Marques Class 46 regarding the practice for awarding damages for trademark infringements in Argentina.
In order such damages to be given, the law in the country requires:
- The existence of an infringement.
- Made with fraud or fault.
- Causing proved loss or damage.
Damage cannot be inferred; it has to be proved. The local court’s practice has refused such damages until now. This gave relative peace of trademark infringers in the country because they only risk a cease-and-desist order together with the payment of professional fees.
In a new lawsuit between Adidas and Juan Carlos Chilemi SRL, however, the Court of Appeal ordered damages in the amount of 55 000 dollars despite the fact that Adidas failed to prove any loses.
The court based its decision on an exception in the Civil Procedure Code which gives the authorizes to grant damages if the damages are proven to have occurred but are difficult to determine.
The full article can be found here.