The Chilean bakery “superbread“, located in the district of Quinta Normal, won a lawsuit filed by the American publisher DC Comics Y you can keep your namefor which it is recognized for nearly 30 years.
The legal actions were filed by DC Comics in early 2020 and other firms such as the agrosuper companythat also alleged by the supposed similarity between the name of the premises with its brand for the “Super” concept.
However, Superpan managed to beat the companies to the National Institute of Intellectual Property (INAPI), which he did not agree with either the famous American firm or the meat products company.
“I am very happy, because it means that after the lawsuit I am SuperpanandThat is my nickname from the age of 10 and what life put in my way. It was terrible for me to think of losing that nickname that later became my business,” he said. Gonzalo Montenegroowner of Superpan, who also stated that this lawsuit from DC Comics was one last obstacle that stalled his store.
Regarding the resolution in his favor, he indicated that “it is something very important that a neighborhood bakery, in this case from Quinta Normal, has managed to defeat a big brand, which hires world-class lawyers to bring down small entrepreneurs without knowing the story behind their names. If I can beat the man of steel, anything is possible.”
In its resolution, the entity concluded that there are phonetic differences and they also differ in complementsso the name of the bakery does not create a risk of confusion in the consuming public regarding the business origin of the products of this undertaking with the brands related to the fictional character of DC or Agrosuper.
Montenegro owns Superpan and says that he got that name from a nickname he was given as a childa time when he would go out to offer the kneaded bread that his mother prepared, a distribution that he made using two shirts: one of his favorite superhero, Superman, and another green with which they called him Peter Pan.
Although the INAPI declared Superpan the winner in this contest, companies can still appeal to the Industrial Property Court (TDPI). However, the lawyer for this bakery says it is unlikely that the ruling will be reversed.
About Hans von Martins, of Ármate Abogados, explains that “DC Comics and Agrosuper could, in the second instance before the TDPI, try to adhere to some appeal resource in view of the fact that they were totally defeated.” He adds that if they make such a decision, “they will probably do so for the same reason that they filed the opposition claims in the first instance, that is, in trying to protect its trademarks and avoid the existence of others that generate a risk of confusion“.
Despite this, the professional is blunt in pointing out that the ruling was “super forceful”, despite the more than 40 means of evidence presented by the plaintiffs, stating that there is no possibility of confusion regarding brands such as Super Pollo or Super Cerdo, or the famous superhero, “in relation to the products that Mr. Gonzalo Montenegro makes, such as bread, hallullas, marraquetas, cakes.”