MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez and Paola Becerril, Becerril, Coca & Becerril
• selling or distributing products or offering services, indicating that these are protected by a registered trade mark when they are not; • using a similar trade mark to a registered one to cover the same or similar products or services as those protected by the registered trade mark; • using, without the consent of its owner, a regis - tered trade mark, or one similar to it, to form part of a trade name, business name, corporate name, or domain name, or vice versa, provided that such names, denominations, or business names are related to establishments operating with the prod - ucts or services protected by the trade mark; • using a previously registered trade mark, or one similar to it, to form a trade name, business name, corporate name, or domain name, or as part of these, by a natural or legal person whose activity is the production, importation or commercialisation of goods or services identical or similar to those covered by the registered trade mark, without the written consent of the trade mark holder or the person authorised to do so; • using a registered trade mark, without the con - sent of its owner or without the proper licence, on products or services identical or similar to those covered by the trade mark; • offering for sale or distributing products to which a registered trade mark is applied, and where such products or their labelling have been altered; • offering for sale or distributing products to which a registered trade mark is applied, after having par - tially or totally altered, replaced, or removed that mark; and • using a combination of distinctive signs, opera - tional or image elements (ie, trade dress), which allow products or services to be identified, that are identical or similar to those protected by the FLPIP and that, by their use, cause or induce the public to believe or assume a non-existent association with the party who holds the right. It is important to mention that in order to enforce an infringement action, a trade mark must be registered; otherwise, the interested party will not have any legal standing. Copyrights For copyrights, the infringement grounds include:
• the editor, entrepreneur, producer, employer, broadcasting organisation, or licensee entering into a contract for the transfer of copyright in violation of the provisions of the FCL; • the licensee violating the terms of the mandatory licence; • a collective management society claiming to be such without having obtained the corresponding registration with INDAUTOR; • a collective management society administrator fail - ing to provide the required reports and documents to INDAUTOR, without just cause; • failing to include in a published work the mentions referred to in the FCL; • omitting or falsely inserting in an edition of a work the data referred to in the FCL; • failing to include the mentions referred to in the FCL on a phonogram; • publishing a work, when authorised to do so, with - out mentioning in its copies the name of the author, translator, compiler, adapter or arranger; • publishing a work, when authorised to do so, in a way that harms the reputation of the author as such and, if applicable, the translator, compiler, arranger, or adapter; • publishing a work, before the Federation, states, or municipalities and without authorisation, of works made in the official service; • deliberately using a title in a work that causes con - fusion with another published earlier; and • fixing, representing, publishing, communicating, or using, in any form, a literary or artistic work, pro - tected under the FCL, without mentioning the com - munity or ethnic group, or if applicable, the region of the Mexican Republic from which it originates. Actions that would lead to commercial copyright infringement include: • communicating, making available or using publicly a work protected by any means, and in any form, without the prior and express authorisation of the author, their legitimate heirs, or the holder of the economic rights; • using the image of a person without their authori - sation or that of their heirs; • fixing, recording, producing, reproducing, storing, distributing, communicating, making available,
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