The Frisby Case: A Key Lesson in International Trademark Protection

One of Colombia’s most popular fast-food chains, Frisby, is currently facing a complex legal dispute in Europe that has captured the attention of businesses, the media, and the general public. The conflict arose when a company established in Spain by third parties began using the name “Frisby” and a visual identity strikingly similar to that of the Colombian brand, creating clear confusion in the market.

Although Frisby has held trademark registrations in both the European Union and Spain for over 20 years, it was caught off guard by the unauthorized use of its trade name and distinctive elements by a third-party company in Spanish territory. Despite having registered rights, the lack of effective and sustained use of the mark in that jurisdiction created a legal gap, now being exploited by others attempting to take advantage of the intangible value the brand represents.

This case highlights a reality we, as intellectual property attorneys, regularly emphasize: registering a trademark is not enough to ensure its protection. It is essential to demonstrate real, continuous, and provable use—especially in the jurisdictions where exclusive rights are to be maintained.

Drawing from our experience as a law firm specialized in intellectual property in Ecuador, this case offers valuable lessons for any business seeking to expand internationally:

• Registering a trademark is just the first step. True protection comes from keeping the trademark active, using it effectively, and maintaining constant monitoring in key markets.
• Genuine and provable use is crucial. In many jurisdictions, including the European Union, rights can be weakened or even lost if serious and continuous use cannot be demonstrated over specific periods.
• A brand’s reputation is also a protectable asset. Not only are distinctive signs defended, but so too are the prestige, recognition, and emotional value that a brand builds among consumers.
  
  

In a globalized world, where brands cross borders and operate across multiple platforms, the strategic management of intangible assets is not a luxury—it’s a necessity. At our law firm in Ecuador, we advise both local and international companies on the comprehensive protection of their trademarks, both nationally and abroad.

Protecting a brand is not a formality—it’s a strategy. And in that strategy, having the right legal guidance makes all the difference.

At Quevedo & Ponce, we advise national and international companies, entrepreneurs, and business owners to ensure compliance with legal regulations and to protect their innovations and creations.