Star + has a problem on the way, according to Deadline, Lionsgate filed a complaint against Disney in Mexico, Brazil and Argentina for its new platform, arguing that it can be confused with Starzplay, Lionsgate’s streaming service.
In the case of Mexico and Argentina, Lionsgate filed similar lawsuits, in Argentina the request for a temporary restraining order was denied, so the case will continue to advance. In our country there is no judicial mechanism against a temporary restraining order as mentioned in the media, but they do have judicial channels to enforce their legal claims.
In Mexico, the Federal Law for the Protection of Intellectual Property mentions the following in the article 258, section II:
The trademark is identical or similar to a degree of confusion, to another that has been used in the country or abroad prior to the filing date of the trademark application and is applied to the same or similar products or services, provided that whoever asserts the best right for prior use, proves that they have used a trademark uninterruptedly in the country or abroad, before the filing date or, where appropriate, the date of first declared use by which the Registration.
You may declare the partial nullity of the registration, only with respect to the products or services that it protects.
Recall that Starzplay was revealed in August 2018 in some European countries, while Disney’s acquisition of Fox took place in March 2019.
Brazil already raised its hand
In Brazil the issue escalated quickly and a court has already granted Starz’s request, noting that Lionsgate proved to have priority of use and registration in that country with Starzplay, granting the right to protect their reputation and material integrity.
Judge Jorge Tosta mentions that in the case of streaming services, people will not refer to them as “Starzplay” O “Starsplus”, they will simply tell you “Star“, Causing the consumer to” confuse “or link one brand with another.
The temporary restraining order granted in Brazil causes Disney has to pay daily fines if they use Star’s name before solving the case. The outlet mentions that Disney has already filed its own appeal to use the name.
Star is also available in Europe, but in that case Lionsgate will not file any more demands as the service is included directly with Disney +, creating less confusion, while in Latin America it is offered as an independent medium.
Mexico, another stone in the way of Disney
Our country already has a particular history with Disney, when the company bought FOX, the agreement also included all sports channels and content, at that time only Brazil and Mexico raised their hands for a monopoly issue with those channelsThe issue was even mentioned at the time by the president, Andrés Manuel López Obrador.
The problem could at the time stop the merger between the two companies, in the end in the two countries it was decided to accept the merger, but with the condition that they had to sell Fox Sports and all the content and talent of the channel, it could not reach ESPN for a few years.
From Xataka Mexico we have contacted Disney Mexico to find out if there is any official position on the subject. We will update the publication if we receive a response.
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