Peruvian lubricant supplier Viskosil Industries won a trademark infringement judgement last month against competitor Vistony, which was found to have marketed numerous products that were too similar to Viskosil’s.
In an Aug. 18 news release, the National Institute for the Defense of Competition and the Protection of Intellectual Property stated that its Specialized Chamber for the Defense of Competition, ruled in favor of Viskosil’s complaint last month and fined Vistony 275,899.50 soles (U.S. $78,926).
The specialized chamber concluded that Vistony had registered trademarks for five products knowing that their terms or logos were identical or substantially similar to those used by Viskosil between January 2021 and April 2023.
The complaint involved Vistony logos for VK Visto, Vistotek, Xalion Visto, Horus Visto and even an application to register the Viskosil brand name. The chamber said Vistony’s logo’s not only mimicked Viskosil brands but closely resembled the latter’s VK Plus, Viskotek, Xailon and Horus VD logos.
According to an article published by local news group infobae, one key to the outcome of the case was evidence that Vistony had gathered information about Viskosil’s products and promotional materials prior to registering its trademarks.
The case was a rollercoaster for Viskosil. The national institute previously found Viskosil’s complaint unfounded. The complaint was filed in July 2023. In last month’s ruling the institute said Vistony used Peru’s trademark registration system in ways that violated standards for fair competition.