The renowned journalist Jaime Bayly achieved a significant victory against Latina, his former television home, at the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi). The battle centered on the cancellation of the “El Francotirador” trademark, which Latina had registered in 2011.
Indecopi ruled in favor of Bayly, concluding that the television station could not demonstrate the commercial use of the trademark in the production of games. Below, we explain in detail the dispute in which Latina lost the right to use a seal of important prestige.
What is the case about Jaime Bayly vs. Latina for the brand “El Francotirador”?
In 2011, Latina registered the “El Francotirador” trademark under class 28 of the Nice International Classification, which protects the marketing of games, toys and other similar products.
Jaime Bayly, known for his television show “El Francotirador”, demanded the cancellation of the trademark, arguing that Latina had not used it commercially. . That is, it has not been proven that any product related to class 28 has been marketed or put on the market under said registered name.
The case was brought before Indecopi, where the arguments presented by both parties were reviewed.
Why does Latina argue that Jaime Bayly acted in bad faith?
During the dispute, Latina accused Jaime Bayly of acting in bad faith when requesting the cancellation of the registration of the “El Francotirador” trademark. The television station indicated that the journalist sought to misappropriate it in order to use it in the market and generate confusion or risk of association in the consumer public.
They allege that Bayly was perfectly aware of the use, registration and recognition of the trademark, which would demonstrate that he filed the cancellation action maliciously with the intention of taking ownership of the trademark.
Jaime Bayly vs. Latina: what was Indecopi’s resolution?
Finally, Indecopi ruled in favor of Jaime Bayly, since Latina could not prove that it marketed or put on the market products with the “El Francotirador” brand. In addition, the entity determined that the journalist did not act in ‘bad faith’ or violate the Constitution.
Indecopi’s final resolution ordered the definitive cancellation of the registration of the “El Francotirador” trademark in the name of Latina. This decision marked an important victory for Jaime Bayly in his effort to protect the name of his renowned television program.
Who is Jaime Bayly?
Jaime Bayly is a Peruvian journalist, writer and television presenter, born in Lima in 1965. Known for his provocative style, he gained fame in the 1990s with talk shows such as “El Francotirador”.
In addition to his television career, he is a writer and author of novels such as ‘Don’t tell anyone’, a book that addresses topics such as homosexuality and life in Lima’s high society; as well as ‘The Friends I Lost’, which explores his personal relationships and his professional career.
