Firm / Organisation

Cervieri Monsuárez

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Partners: Dr. Virginia Cervieri, Dr. Pablo Monsuárez, Dr. Anabel Frachia, Dr. Natalia Paladino, N.P. Diego Cervieri and Dr. Andrea Oliva
Number of partners: 6
Number of associates: 30
Number of other members: 50

CONTACTS
IP Strategy & Global Anticounterfeiting: Dr Virginia Cervieri
Corporate Global: Dr Pablo Monsuárez
Regional Anticounterfeiting: Dr Anabel Frachia
Trademarks, Patents & Copyrights: Dr Natalia Paladino
Online Monitoring & International Brands: NP. Diego Cervieri
Corporate Law: Dr Andrea Oliva
IP Trials & Commercial Agreements: Dr Lucía Cantera
Regulatory: Dr (DMTV) Viviana Cervieri Brand
Protection in Latin America: Mg. María Laura Perna

Firm Overview:
CERVIERI MONSUÁREZ is a unique law firm of its kind in Latin America for different reasons:
■ The firm specialises in the defense of intellectual property rights and has specialists in anti-piracy, trademarks, patents, copyrights, industrial designs, signal piracy and regulatory matters, among other specialties, with lawyers and notaries in all specialties and in all ranges. All topics are worked in teams by senior lawyers and junior lawyers, specialised in each area
■ Every area of work has its own team of senior lawyers, junior lawyers and paralegals, which is repeated in each one of the offices. This allows a wide specialization in each area and the client receives a very specific treatment according to the subject matter
■ In addition to its robust portfolio of clients, the firm stands out for its successful work and which constantly sets precedents in the country. This has meant international recognition and even high positions at a global level in the world of intellectual property for its partners
■ Cervieri Monsuárez understands how to use the key location of Uruguay, a transit country for merchandise at the regional level, and from there elaborate a regional strategy to combat brand counterfeiting. This element is highly valued by clients, who centralise work in Uruguay to control the entry of counterfeits into the rest of South America, Central America and the Caribbean
■ Concepts of intellectual property such as ‘trade dress’ or ‘right to be forgotten’ were used in Uruguay for the first time by Cervieri Monsuárez, achieving successful cases that set a precedent. The same happened, for example, with infractions under the premise ‘Our version of ...’, or the local administrative ruling that recognised the notoriety of the ‘three stripes’ of adidas, an element that was later used internationally by the company to defend its iconic brand
■ Cervieri Monsuárez is the first law firm in the country to develop its own online monitoring system applied to all of Latin America, which in recent years has allowed the removal of millions of publications that violated the trademarks, patents or copyrights of dozens of companies that were being harmed by the growth of electronic commerce and the lack of controls in on- line sales platforms and social networks

Main Areas of Practice:
Litigation: 30%
Anticounterfeiting: 30%
IP Prosecution (trademarks, patents, copyrights, domain names, regulatory affairs): 25%
Corporate: 15%

Litigation:
The litigation team is led by Dr. Pablo Monsuárez and Dr. Virginia Cervieri, and is also integrated by 10 lawyers and 10 paralegals, specialised in procedural law, civil law and criminal law. The work performed by this team has earned Cervieri Monsuárez worldwide recognition in cases such as the defense of the three stripes of adidas, the case of ‘trade dress’ that involved Ferrero Rocher, a case where damages of USD 500,000 were awarded for perfume imitation or even blocking the access to one of the most recognised pirate sites in the world: RojaDirecta.

Anticounterfeiting:

This team is led by Dr. Virginia Cervieri, a reference specialist in anticounterfeiting at a regional level. Her experience of more than 20 years in this area has allowed her to occupy the most important position in the world in the fight against counterfeiting: ex-president of the ACC of INTA, to be a speaker in some of the most important events in the world, such as Unifab in Paris, IACC, WCO, ABPI and INTERPOL, among others. The team as well benefits from the leadership of Dr. Anabel Frachia, who coordinates anticounterfeiting actions in Uruguay, Paraguay, Bolivia and Latin America. This department is made up of 20 lawyers in the region, paralegals and other professionals, among which stands out the professional work of Dr. Lucía Cantera. Leading cases have been achieved by this team, such as the seizure of tens of thousands of counterfeit Puma T-shirts, luxury products and even several favourable sentences in cases of transit containers that allowed the destruction of the items and reimbursement of damages.

IP Prosecution (Trademarks, Patents, Copyrights, Domain Names, Regulatory Affairs):
The IP area in Uruguay is led by Dr. Natalia Paladino, specialist in trademarks and patents who has more than 15 years of experience. As a lawyer she has led many cases at national and regional levels, being recognised for the importance of the success achieved. She is an expert in prosecution works and has represented several clients in trade dress, trademark and patent litigation cases that set precedent in the country. Professionals Diego Cervieri and Andrea Oliva, who carry out the issues related to IP in Latin America and the world stand out in her team. Some of the prominent cases in the area are linked to the three-dimensional BIC brands, the distinctiveness of Crocs, Sony Computer and the worldwide defense of Aiwa, Dolby, Pop- Sockets and Cipriani brands, among others. This team recently incorporated the Regulatory Affairs area, led by Dr. (DMTV) Viviana Cervieri.

Corporate:
Led by Dr. Pablo Monsuárez, the corporate team is formed of more than 10 senior lawyers in Uruguay, Paraguay and Bolivia. Recently, he has led the team that carried out one of the most important businesses in Uruguay in the last decade, the purchase of the former Hotel San Rafael by the Cipriani Group for the construction of a luxury complex of buildings designed by renowned architect Rafael Viñoly. The team is completed with 20 other specialists, including junior lawyers and paralegals specialised in contracts, criminal procedural law, and civil law.

Languages:English, Spanish, Portuguese, Italian, French

Clients:
Some of the most important companies in the world in their field, such as: Adidas, Adobe, Aiwa, Apiter Limitada, S.A.B. de C.V., Apple, Babyliss SARL, Beats, Bulgari, Calvin Klein, Cartoon Network, Casio, Chanel, Cipriani, Conair, Crocs, DC Comics, Dior, Dolby, Eli Lilly, Federation of The Swiss Watch Industry, Fendi, Fingerlings,Fox International, Givenchy, GoPro, Goyard, Gucci, Harley Davidson, Hasbro, Honda Motor CO, Jansport, KG, Lacoste, Lego, Les Laboratoires Servier, Levi’s, Liqwd INC, Longchamp, Major League, MCM, Mercedes Benz, Michael Kors, MLB, Mont Blanc, NBA, New Balance, Nike, Nintendo, Northface, Payless, Philip Morris, Pokemon, Polo Ralph Lauren, Procter & Gamble, Puma, Reef, Sandisk, Sony Interactive Entertainment, INC, S.A. de C.V, Soulcycle INC, Spin Master, Spoiloisirs SA (Lacoste), Televisa, The Simpsons, UNIVERSAL (Minions), The smiley Company, Tiffany, Tommy Hilfiger, Tory Burch, Tous, Twentieth Fox Film Corporation, Under Armour, Warner, Western

Articles, Highlights and Press Releases

Total 10 Articles, Highlights and Press Releases

PRONOVIAS: Recognition of pronovias as a notorious and distinctive trademark.

Natalia Paladino, Diego Cervieri, Marcela Cárdenas

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Seizure of counterfeit ball – bearings in transit to Paraguay

Anabel Frachia, Agustina Viera

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SOUL: SOUL vs. SOUL CAFÉ, non confusing.

Diego Cervieri, Marcela Cárdenas, Alfonso Hernández

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