Adidas, one of the best-known sports brands in the world, will not be able to sell one of its sports lines in the country. This occurs after Indecopi issued a resolution prohibiting it from selling the Nemezis line. Added to the measure is a fine amounting to 150 UIT, equivalent to 742,000 soles for infringement of industrial property rights.
According to Resolution 0218-2024/TPI-Indecopi to which the LP portal had access, the brand Nemezis It was registered by businessman Ricardo León Marquéz Gómez in 3 countries: Mexico, Colombia and Peruin 2006. In turn, adidas began in 2017 with its expansion around the world with Nemezis, a sports line that used the soccer player Lionel Messi as its main image. Upon arriving in Latin America, adidas He found it necessary to negotiate licenses with businessman Ricardo León to start selling these products. These were signed for distribution in Colombia and Mexico, but not for Peru.
Adidas: why can’t Nemezis be sold in Peru?
adidasdespite not having a license to sell its sports brand, continued to offer these products in its commercial establishments and website. This caused the businessman, in 2021, to decide to file a complaint against the German company for infringe industrial property rights when selling products from the line Nemezis since 2019, one similar to Nemesis, which is from property of the businessman. Although this complaint continued through the corresponding Indecopi channels, the resolution in the first instance was postponed given that adidas filed a request for annulment of registration against the businessman’s trademark, which was finally rejected.
Due to this last process filed by adidas, the case was not heard until 2023, when a resolution was finally issued. Although the brand no longer sold branded products Nemezis On its website, the complaint was still valid. In the first instance, Indecopi ruled in favor of the businessman Colombian when finding similarities between Adidas Nemezis and Nemesis, which belongs to Ricardo León. In the second instance, the German brand suffered another setback after Indecopi dismissed its appeal; This public body pointed out as valid the arguments of Adidas, which sought the administrative prescription of the case.
Will Adidas be able to continue operating after Indecopi’s resolution?
Behind the Resolution 0218-2024/TPI-Indecopi, Adidas is prevented from continuing to offer only its products from the Nemezis line. Likewise, in the Resolution 2558-2023/CSD-INDECOPIissued on November 6 of last year, it was confirmed that it was imposed on adidas a fine of 150 UIT (S/742,000) and the payments of the process costs in favor of Ricardo León. Therefore, the rest of its products can continue to be offered and distributed nationally in its commercial establishments.
Source: Larepublica
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