Argentina Court Protects Unregistered Product Packaging

The Federal Civil and Commercial Court of Appeals in Argentina issued a decision emphasizing protection for distinctive product packaging even absent registration as a trademark. The ruling underscores that trade dress elements can support infringement claims when they serve to identify the source of goods.

The case involved copycat packaging allegations, with the court focusing on the overall appearance and consumer recognition of the designs. This approach aligns with broader trends in protecting visual branding features beyond word marks or logos.

The decision provides guidance for brands seeking to enforce rights in packaging designs in the Argentine market. It signals increased scrutiny on look-alike products that may cause confusion among consumers.

Sources: https://www.worldtrademarkreview.com/article/argentina-court-raises-stakes-copycat-packaging https://legalblogs.wolterskluwer.com/trademark-blog/how-close-is-too-close-kosovos-commercial-court-on-look-alike-packaging/