On this case, our client CARACOL TELEVISION S.A. requested the mark PASION DE GAVILANES, to identify TV program services. The corporation TELEMUNDO TELEVISION STUDIOS, LLC opposed to the registration of the trademark of our client, arguing that the have not authorize the use or registration of the mark PASION DE GAVILANES, therefore this application on behalf of CARACOL TELEVISION S.A was done in bad faith and constitutes an infringement of the copyright laws .
As main arguments, our client highlighted that the title of the soap opera PASION DE GAVILANES was in used since the year 2003, subsequently the copyrights were under the name of our client CARACOL TELEVISION S.A. and RTI for the countries of Colombia and Venezuela, according to the MOU that was accepted and executed by TELEMUNDO. To evidence this, CARACOL attached the agreement to be analyzed by the Authority. In addition, we emphasized that PASION DE GAVILANES was not a literary work, but a soap opera recognized by the Colombian consumers under the ownership of CARACOL, therefore it is evident that the trademarks rights are independent from the copyright on this particular case.
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