Outstanding Cases - FREDDO Case, 1997

Clarín Newspaper - Economics

Monday, January 25, 1999.

Read Clarín Newspaper

FREDDO Case, 1997

S&BM advised and represented to the then called HELADERIAS FREDDO S.A in the first dispute about a domain name that was solved in an Argentinean court. FREDDO recovered within 48 hours the domain name "freddo.com.ar" that a third party had registered in its own name at NIC Argentina.

Based on its better rights, arising from being the owner of the renowned mark and corporate names and given the lack of response to the demand letter duly sent to the other party, the Judge granted an interim equitable remedy which was accumulated to the main action for the discontinuance of use. "In audita parte" – i.e. without having listened to the other party, the Judge suspended the registration of the domain in the name of the defendant and temporarily placed it in the name of the plaintiff until a final decision was issued in the main court action for the discontinuance of use.

It should be pointed out that, at that time, Nic Argentina’s rule No. 11 for cases of dispute was not in place yet. The controversy concluded at the compulsory mediation process initiated, where the defendant acquiesced to the claims. "Freddo SAICA vs. Spot Network in re equitable remedy request. Federal Court in Civil and Commercial matters No. 7, Clerk’s office No. 13. Buenos Aires, November 26-1997"