Starbucks has filed lawsuits against three Mexican coffee shops, including one in Cancun, alleging that they are illegally using the term 'frappuccino' on their menus. This term is a registered trademark of the multinational coffee chain.
Laura Ivonne García Romero, the regional legal director of Legal Origin of Intellectual Property and Copyright, is representing the local coffee shop in this legal dispute. She noted that Starbucks frequently files lawsuits worldwide to maintain the exclusivity of the term 'frappuccino'.
García Romero explained that Starbucks could lose its rights to the term if it does not defend its trademark, potentially leading to 'frappuccino' becoming a public domain term. She stressed the importance of verifying the ownership of product names before using them to avoid infringing on others' rights.
Failure to do so can have significant financial implications. For example, there have been instances of schools facing legal action for using trademarked names without authorization. The fines for such infringements can be as high as 28 million pesos.
She emphasized that the Law of Intellectual Property does not distinguish between local, national, or international businesses when it comes to protecting registered trademarks.
García Romero advises individuals and business owners to consult with intellectual property specialists or the Mexican Institute of Industrial Property (IMPI) before launching new products to avoid potential financial losses.
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