Protection of Corporate Names in the Absence of Registrations - "CAESARS PALACE"

In a recent decision, the Third Superior Court of Justice for the District of Panama held that a foreign corporation had exclusive rights to its corporate name in Panama even without a registration in Panama.

Plaintiffs were Caesar's World, Inc. and Caesar's Palace Corporation and Desert Palace, Inc., all U.S. corporations engaged in the operation of casinos, night clubs, hotels in the U.S. under the name CAESARS PALACE, which was registered in the U.S. and in many other countries, Defendants were Fast Food International, Inc., a Panamanian corporation also engaged in the operation of a casino, night club and restaurant under the name CAESARS PALACE. The Plaintiffs claimed protection of their name in Panama, even in the absence of a Panamian registration, invoking Article 8 of the Paris Convention, Article 14 of the General Pan-American Convention for Trademark and Commercial Protection, and provisions of unfair competition. The court found for Plaintiffs based on the above-noted international law provisions, even in the absence of a registration in Panama, and even though the Plaintiffs had never done business in Panama.