Carlos Octavio Mitelman, Senior IP Lawyer at Allende & Brea wrote an article in elDial.com commenting the decision issued by Second Federal Instance (Circuit I) dated 03.06.2025 in the case ‘Organización Veraz vs Open Discovery’, a court that has shared the position of Circuit III of the same court in its previous ruling dated 04.05.2018.
The members of Circuit I have not only endorsed what was previously decided by Circuit III, but have enriched the arguments (meticulously considering the parameters set by the Supreme Court in its judgment dated 19.12.2024) to confirm that the unauthorised use of third parties notorious trademarks as a ‘keyword’ to activate the sponsored links service constitutes not only a trademark infringement, but also a clear act of unfair competition.
In his article, Mitelman devotes himself to a detailed analysis of the Second Federal Court’s ruling, justifying the reasons why, in his opinion, it sets an important precedent that punishes third parties who seek to appropriate third parties’ prestigious brands in order to improve their market presence, at the expense of companies that have invested time and money to consolidate their own trademarks.
