A high-profile trademark battle unfolded in Chile between global superstar Pedro Pascal and local entrepreneur David Herrera, owner of the registered pisco brand “Pedro Piscal.”
Pascal’s legal team initiated proceedings before the National Institute of Industrial Property (INAPI) to cancel the mark, citing strong phonetic and visual similarities that created an unlawful commercial association with the actor’s world-renowned persona. In defense, the entrepreneur maintained that “Pedro” referred to the Pedro Ximénez grape variety and “Piscal” to a piscola (pisco and cola), framing it as an innocent local wordplay.
Ultimately, after multi-year proceedings, the trademark challenge was withdrawn, allowing “Pedro Piscal” to retain its valid registration through 2033.
At Exy Intellectual Property, we assist brands, entertainment groups, and high-profile individuals in evaluating right-of-publicity risks, clearance strategies, and cross-border trademark protection.
Key Highlights & Strategic Insights
This case highlights critical legal principles at the intersection of trademark law, public figures, and pun-based branding:
- 1. Personality Rights vs. Trademark Registrations: While famous individuals can defend their personal names and likenesses against unauthorized commercial endorsement, courts and registries require concrete evidence of direct consumer deception or bad-faith free-riding.
- 2. The Danger of Pun-Based Naming: Relying on clever wordplay or pop-culture references linked to famous figures creates immediate, multi-year litigation risks—even when a plausible, alternate origin story (such as grape varieties or local drink terms) is presented.
- 3. Domain vs. Trademark Inconsistencies: Prior to the trademark ruling, Pascal’s team successfully revoked Herrera’s web domains via NIC Chile based on unfair advantage rules. However, trademark cancellation proceedings under INAPI required meeting stricter statutory thresholds.
- 4. Enforcement Diligence & Procedural Obligations: Rightsholders asserting celebrity persona claims must actively participate in regional proceedings; failure to appear or provide required evidentiary disclosures can severely weaken prosecution positions.
Recommended Brand Clearance & Naming Guidelines
To avoid costly litigation when developing new consumer products or brand identities:
Coordinate Multi-Jurisdictional IP Prosecution: Align domain name disputes, trademark registrations, and right-of-publicity claims early to maintain a unified, enforceable IP posture globally.
Perform Exhaustive Pre-Launch Clearance Searches: Screen proposed brand names against famous individuals, celebrities, and active registered trademarks across target markets prior to commercial launch.
Avoid Celebrity-Inspired Wordplay: Refrain from launching commercial products that rely on puns, parody names, or visual tropes associated with public figures without formal licensing agreements.
Document Brand Naming & Design Origins: Retain meticulous records of initial design briefs, naming ideation, and linguistic choices to establish good-faith intent if challenged by third parties.
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