La curiosa batalla que dos hermanos italianos le ganaron a apple por la marca «steve jobs»
Giacomo y Vincenzo Barbato, dos jóvenes Napolitanos, registraron en el 2012 la marca “STEVE JOBS”. Ello como resultado de que después de la muerte de STEVE JOBS, ocurrida en 2011, era completamente posible llevar a cabo el registro marcario. Tomando además en consideración que APPLE no había concebido el registro de dicha marca cuando JOBS aún se encontraba vivo.
Posteriormente, Apple ofreció una opción de compra por la marca “STEVE JOBS” por el monto de 1.000 millones de dólares, oferta que fue rechazada por Giacomo y Vincenzo Barbato, puesto que consideraron que entre más años pasarán el monto de la marca iba a ser mayor.
Siendo así, en virtud de la negación de compra, Apple presentó una oposición en la Oficina de Propiedad Intelectual de la Unión Europea (OPIUE) alegando que dicho registro ocasionaba una confusión en el consumidor medio. No obstante, el fallo fue a favor de Giacomo y Vicenzo.
Ello en virtud de que no existe impedimento para que un tercero solicite como marca el nombre de una persona difunta, así mismo, el logo que los mismos tienen es manifiestamente diferente al de la marca Apple, finalmente, no existe necesariamente un nexo entre STEVE JOBS y APPLE tanto como para poder presentarse una confusión en el consumidor medio. Por lo tanto, dicha oposición quedó sin fundamento y no existe razón legal para que estos jóvenes no puedan tener a su nombre la marca “STEVE JOBS”.
Siendo así, bajo la marca STEVE JOBS, los jóvenes crearon una línea de venta de productos de tecnología, los cuales son comercializados en su mayoría en Rusia y China. Finalmente, cabe resaltar que es posible el registro de una marca que tiene como nominación el nombre de una persona difunta sin tener que contar con el aval de los herederos puesto que en las marcas prima la premisa del derecho “primero en el hecho primero en el derecho”.
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