Thursday, January 12, 2012

EL SALVADOR: Political IP infringement??



The political campaign for electing Mayors and Senators in El Salvador has just begun.

In the past few days a political leader (and candidate for Senator) Mrs. Ana Vilma de Escobar, accused her opposing party (FMLN) of infringing her "Defiende tu voto" advertising campaign ("Defend your vote").

Truth be told, both signs are exactly the same phrase and type of letters. Giving rise to the question: is there really trademark or copyright infringement?

Unfortunately in El Salvador there is very limited protection for unregistered marks; however, there may be a cause of action for copyright infringement, based on the originality of the graphic design rather than the wording itself.

What do you think??