Peru questions new Pisco related brand launched by Chilean company

By Espinosa Bellido Abogados

The Ministry of Foreign Affairs of Peru questioned a Pisco drink called "Cusqueño Sour" recently launched by Compañía Pisquera de Chile, a subsidiary company of Chilean liquor giant CCU. In a press release sent to business newspaper Gestión, the Ministry affirms that the "Cusqueño Sour" trademark registered in Chile is an action "of bad faith and unfair competition" as it contains two elements that associate the product directly to Peru's “exclusive rights” to the pisco denomination of origin: the city of Cusco and Sour, which refers to the Pisco Sour drink, an alcoholic cocktail of Peruvian origin.

“Such trademark can lead consumers to think that it is a Peruvian product, which is false. Therefore the registration of Cusqueño Sour as a trademark constitutes a violation of the principles of intellectual property law”, the press release states. The Ministry informed that, together with Peru’s Intellectual Property Office (Indecopi), they will take the necessary legal steps against the registration and commercialization of the product. 

 

In March 2016 the Embassy of Peru in Santiago de Chile withdrew its appeal against the Supreme Court of Chile in its fight for the "Suspiro limeño" trademark, which was granted to Compañía Pisquera de Chile.