MEXICO CITY, April 19, 2016 /PRNewswire/ -- The IMPI (the Mexican Trademark Authority), has issued a resolution regarding the infringement actions filed by FABRICA DE TEQUILAS FINOS, S.A. DE C.V. ("FINOS") against Destiladora Del Valle de Tequila, S.A. de C.V. ("DVT"), and Tequilera La Tilica, S.A. de C.V. ("LA TILICA") in the files P.C. 1724/2014 (M-73) 17558, P.C. 608/2014 (I-60) 5572 and P.C. 2565/2013 (M-140) 25476, for the illegal use of the trademark registration 1256863 KAH SKULL SHAPE.
As a consequence of these proceedings, in May 2015, both, DVT and LA TILICA'S manufacturing workshops were temporary closed and finally, the IMPI ruled that infringement by these companies related to the illegal use of the trademark of FINOS since they promote unfair competition through the use of identical or similar confusingly trademarks, and create a false perception by consumers that the production of tequilas Sangre de Vida and La Tilica, were licensed by or manufactured with the consent of FINOS, (www.fabricadetequilasfinos.com).
The economic fines imposed by the IMPI amount to approximately $10,144.00 USD, along with the prohibition of the use of trademarks identical, and/or confusingly similar to the SKULL SHAPE, registered under the trademark registration 1256863. In the event DVT and LA TILICA, continue to use these bottles to commercialize their products, the IMPI could order a final closure of their Distilleries.
The IMPI also put at FINOS' disposal the bonds offered in these proceedings (more than $170,000.00 USD).
On the other hand, the administrative infraction demands filed by Grace Kim Brandi for the purported illegal use of some artworks of her property against FINOS and ANFORA INTERNATIONAL, S. DE R.L. DE C.V., manufacturer of the SKULL SHAPE BOTTLES for FINOS, in the files I.M.C. 1849/2014 (I-65) 18983 and I.M.C. 162/2015 (M-1) 1496, were resolved by the IMPI denying the administrative infraction claimed by the plaintiff, and putting at FINOS' disposal the bonds in the approximate amount of $95,000.00 USD.
The IMPI has also issued resolutions denying the nullification actions filed by Grace Kim Brandi, against marks 1256863 and 1474502 SKULL SHAPE, which are the property of FINOS in the files P.C. 2450/2015 (N-651) 21900 and P.C. 2446/2015 (N-649) 21826
"With these resolutions issued by the IMPI; FINOS'S, KAH TEQUILA has successfully defended its intellectual property against infringement by Destiladora Del Valle de Tequila and Tequilera La Tilica, S.A. de C.V.'S., Tequila 'Calavera', 'Sangre de Vida' and 'La Tilica' and by our successful defense of our trademarks we wish to assure our customers that they will continue to be able to access our award winning KAH TEQUILA'S using their innovative presentation and the finest 100% Agave Tequila's packaged under the most sanitary conditions in our modern plant in Tequila, Jalisco, Mexico. We at FABRICA DE TEQUILAS FINOS, S.A. DE C.V., will continue to vigorously defend our intellectual property and to prosecute any individuals or companies that attempt to profit from our hard work in promoting our brands." Said Luz Maria Cabo, Director General of FABRICA DE TEQUILAS FINOS, S.A. DE C.V. (www.fabricadetequilasfinos.com)
FABRICA DE TEQUILAS FINOS, S.A. DE C.V., is a major high quality Tequila Producer in Mexico exporting to many countries and focusing especially on the US Market. It produces a large number of brands including Zapopan, Don Camilo and Tonala Tequila's, and has been in business for over 20 years.
Media Contact: Gilberto Sanchez, [email protected] Tel: +52.555.254.0760
SOURCE FABRICA DE TEQUILAS FINOS, SA DE CV