In the year 2021, the Backus brewery company launched an advertising campaign for its product Pilsen under the title "Enjoy a Helenita", not considering that a craft beer named Beer Helenita was already in the market, which was also the sponsor of some local comedy shows. Upon learning of the situation, Backus decided to contact the owners of the mentioned beer brand in order to reach an agreement and request them to withdraw their brand from the market, otherwise they would proceed with a criminal lawsuit before Indecopi for having used the same nomenclature as the advertising campaign launched by Pilsen beer: "Disfruta una helenita" (Enjoy a helenita). After eight months of dispute, Indecopi declared unfounded the lawsuit initially filed by Backus and issued a resolution by which the free commercialization of the craft beer Helenita is authorized, being the prior registration of the trademark the key factor of this ruling for the craft producers. In case you require further information or advice on the registration of trademarks in Peru and Latin America, OMC Abogados & Consultores is at your disposal, please write to us at the following e-mail addresses: omago@omcabogados.com or marketing@omcabogados.com.pe
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