Introduction
The National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) has issued Resolution No. 097-2024/CCD-INDECOPI, declaring the complaint of the company White Rolling Pin S.R.L. against Business Solutions Lima Perú E.I.R.L. for acts of unfair competition in the form of confusion. This ruling establishes a relevant precedent to protect originality and fair competition in the market.
Context of the case
White Rolling Pin, managing company of the recognized chain of pastry shops “María Almenara”, denounced Business Solutions for replicating distinctive elements of its commercial image in the pastry shop “Mafer Lucía”, including:
- Logo (with a rolling pin and distinctive letters).
- Internal decoration of the premises.
- Staff uniforms.
- Packaging (boxes and bags).
- Presentations on social networks and delivery platforms.
These similarities misled consumers, generating a wrong perception about the business origin of the products and services.
INDECOPI’s decision
INDECOPI’s Commission for the Control of Unfair Competition, after a detailed analysis of the elements of the case, concluded that the actions of Business Solutions Lima Perú E.I.R.L. constituted an act of confusion, by replicating distinctive elements of the commercial image of the pastry shop chain “María Almenara” managed by White Rolling Pin S.R.L. This behavior, according to the agency’s analysis, misled consumers regarding the business origin of the products and services offered. As a consequence, INDECOPI decided to impose a sanction that included a reprimand, the immediate and definitive cessation of the questioned practices, as well as the registration of Business Solutions in the Register of Unfair Competition Violators. In addition, it ordered the payment of the costs and expenses of the proceeding in favor of the complainant, setting a clear precedent on the protection of fair competition in the Peruvian market.
Rationale for the ruling
INDECOPI pointed out that, although imitation of elements in a free competition market is allowed, it must avoid generating confusion about the business origin. In this case, the similarity in the visual and commercial elements used by “Mafer Lucia” with respect to “Maria Almenara” was considered sufficient to mislead consumers.
Conclusion
The decision issued by INDECOPI in the case between White Rolling Pin and Business Solutions highlights the importance of protecting brand differentiation and visual identity in a competitive market. This decision not only establishes a precedent to avoid acts of confusion, but also reinforces the need to ensure an environment of fair competition, where companies stand out for their originality and quality, instead of resorting to the imitation of distinctive elements of their competitors.
Likewise, this case underlines the relevance of acting ethically and creatively in the design of commercial strategies, respecting the regulations that protect intellectual property rights and the principles of transparency in the market. INDECOPI reaffirms its commitment to promote fair business practices, ensuring that both consumers and entrepreneurs have a safe and equitable environment to interact. This type of resolution strengthens confidence in the regulatory system and protects innovation as an essential driver of economic development.
Source: Resolución Nº 097-2024/CCD-INDECOPI