Opposition suit against Emotion International Limited

Arias, Fábrega & Fábrega successfully filed an opposition suit against Emotion International Limited, and its trademark Goodride y Diseño, based upon the following arguments:

  • The prior use, registration and notoriety of the trademarks Goodyear and Goodyear y Diseño, over the trademark Goodyear y Diseño, in the national as well as in the International commerce; and,
  • The similarity of the trademarks Goodyear and Goodyear y Diseño over the trademark Goodride, a term composed by the term “Good”, which is the prefix of the well-known trademarks Goodyear and Goodyear y Diseño, and the suffix “Ride”, which is descriptive term of the covered goods.

ARIFA IP legal team, wrote to the client informing of the existence of this trademark application, and, thereafter, prepare the strategy to follow up in this case, the arguments thereof, and listed the evidence that we needed in order to support our allegations.

Therefore, the trademark Goodride was rejected for having infringed relative and absolute grounds of the Panamanian law, since we were able to prove that it lacks of distinctiveness and of originality, a requirement for all new sign, and that its registration would affect the interest and prior rights of The Goodyear Tire & Rubber Company in our country.