:quality(85)/cloudfront-us-east-1.images.arcpublishing.com/infobae/I2TQRSIZXBADVG4SI3NXAR7HKQ.jpg "Carolina Herrera, Peruvian businesswoman who wins legal battle against luxury designer: “I have every right to use the last name”")
Maria Carolina Herrera HerreraThe Peruvian businessman, who won a legal battle against a Venezuelan fashion designer for using his last name in the country, lives in an urbanization in At-Vitarte, in a house identified with a number. 212Like a perfume line created by a small screen designer.
It doesn’t usually show up in family photos. She has never worn any of the perfumes named after her, as she prefers the Elizabeth Arden line. And the money he raises from his efforts, “La Japonera by Maria Herrera“, allocating it to pay for the sterilization of abandoned animals. “Leave a better world; In the end the money is mine,” he said in an interview that aired this Sunday Panorama.
Unlike the luxury icon who has a turnover of at least 255 million euros in more than 350 stores around the world and is the focus of the paparazzi, he does not have 136 followers on Instagram and avoids the cameras. What brought them together, or confronted them, was a two-year legal dispute with the National Institute for Competition and Protection of Intellectual Property (INDECOPI) over the commercial use of their shared surname.
“Carolina Herrera is my name, it’s on my identity document, I’m Peruvian. I have every right to use it as I see fit,” he declared to a Sunday newspaper. Born in Cerro de Pasco, he said his brand’s registration was a gift from his son. Dario MoralesGraduated from Universidad Mayor de San Marcos with a law degree. “My son surprised me for Christmas and wanted to register the brand. After a while, I received a notice from a lawyer: ‘Madam, should I advise you on the problem you have with INDECOPI?’ I said, ‘What!'” he recalled.
Signature CAROLINA HERRERA LTD. In November 2021, “La Jabonera by María Herrera” sent a document to terminate the registration of the brand, which had to be registered in class 3 of the official nomenclature for different products, including whitening products, non-medicated soaps and products. Perfumes.
A United States-based brand, the holder of trademark registrations in the same class, objected on the grounds that the requested sign was similar to its trademarks and referred to similar products. “At first it made me angry because I think it’s a stretch for someone to tell you, ‘Don’t use my last name,’ rather than how unfair it is. I said, ‘How stupid,'” she said.
The Peruvian business, legally represented by its owner’s son, maintained that “Herrera” was a unique term and that having that last name did not entitle anyone to obtain a trademark registration with the name. He argued that the term “Herrera” does not enjoy much uniqueness in Peru because it is a common term, both brands offer distinctions and “Herrera” is a common surname in Peru. Additionally, he noted that a brand created by a surname does not preclude those who use it to identify themselves in the civil sector.
:quality(85)/cloudfront-us-east-1.images.arcpublishing.com/infobae/B6TV55CDZFBYDAZVLE4JE7HLLA.png 992w)
“I know Carolina Herra that every country has a study that deals with cases. At the first appeal I said: ‘That’s it’, but my son told me ‘Let’s fight it’,” he told the Sunday newspaper. INDECOPIFinally, it was ruled in favor of the local business and after registration in the two cases, there was no risk of confusion between the two brands as their identities were not identical.
According to the company, the American company used the full name “Carolina Herrera” as a distinguishing feature, while the Peruvian brand used “Maria Herrera”, which made them look and sound different. The resolution concluded that granting Carolina Herrera an exclusive right to the surname “Herrera” would have unfairly limited the use of said surname by other persons in commercial activities.
According to the National Register of Identity and Civil Status (Reniec), 230,726 Peruvians have the surname Herrera. In that group, there are 487 women Carolina HerreraThe famous designer unsuccessfully tried to ban the use of his name in the country.
She has received numerous awards for her contributions to fashion, including the CFDA Lifetime Achievement Award in 2008 and the Geffrye Museum Lifetime Achievement Award in 2014. The role of Creative Director and delegated to leadership Wes Gordon. However, she continues to be an ambassador and consultant for her brand.
In recent years, INDECOPI has resolved legal disputes between large international corporations and local entrepreneurs in Peru. Other companies such as Backus and Adidas received unfavorable rulings, while local businessmen registered their trademarks.
A company dedicated to the production and distribution of sporting goods was fined S/ 742,500 for violating industrial property rights with the “Nemeziz” brand of Colombian businessman Ricardo Leon Márquez Gómez. The beer company, meanwhile, lost a dispute over the name “Helenita” against comedians Ricardo Mendoza and Jorge Luna from the show “Hablando Huadas”.
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