By means of a first instance ruling issued on 21 February 2019, the SIC ruled against EVACOL by declaring infringement of a three-dimensional trademark. The trademark was granted to CROCS for identifying footwear products in Colombia.
Throughout the closing hearing, the SIC dismissed all the exceptions raised by EVACOL. Among other defenses, EVACOL claimed the trademark’s concession was challenged through administrative and judicial proceedings, both pending of final rulings. Moreover, the Defendant argued that the Plaintiff’s trademark lacks distinctiveness, given it covered nothing but the standard and generic shape of the product.
Under the enormous presumption of validity in favor of registration certificates in Colombia, the SIC held that invalidity does not provide grounds for defense within an infringement case. Accordingly, the Court condemned EVACOL to recall, collect and destroy all existing samples of three product items, and to compensate the Plaintiff with COP 74,530,440, among other restitution measures. As expected, EVACOL filed an appeal.