The Colombian chain Frisby S.A. BIC, a staple in fast food in Colombia, is facing a complicated legal conflict in Europe. Despite being a landmark brand in its home country since 1977, it now finds itself threatened by a dispute with a Spanish company using the same name. This case underscores the importance of protecting intellectual property in international markets and how failing to register a brand in key territories can lead to serious consequences for businesses.

The Origin of the Conflict: Frisby in Colombia and the Arrival of Frisby Spain

Frisby S.A. BIC, founded in Pereira, Colombia, registered its brand in the European Union in 2005 but did not establish commercial operations on the continent. This left a gap that was exploited by a new company in Spain: Frisby España S.L., which began using the name “Frisby” to promote its restaurants.

The issue arose when Frisby España S.L. requested the annulment of the Colombian brand in Europe, claiming lack of effective use. The European Union Intellectual Property Office (EUIPO) intervened, giving Frisby S.A. BIC a two-month deadline to prove its use of the brand in Europe, or it would lose its exclusive rights.

The EUIPO’s Decision: A Blow to Frisby S.A. BIC

In December 2024, EUIPO ruled in favor of Frisby España S.L., validating the argument that the Frisby S.A. BICbrand in Europe could be revoked due to lack of use. This decision placed the Colombian brand in a difficult position: if it does not present evidence of its activity in Europe, it would lose its rights to its own brand in the region.

Why is this case important?
This dispute highlights how crucial it is to register and protect a brand in international markets, especially when companies plan to expand beyond their home country. Despite Frisby S.A. BIC‘s strong presence in Colombia, its lack of action in Europe could cost it its brand identity in a key market.

Reactions and Support for Frisby: Solidarity from Colombia

The case has generated a wave of solidarity in Colombia, where well-known brands such as Totto, Alpina, Rappi, and KFC have expressed their support for Frisby. These companies have emphasized the importance of respecting intellectual property and have advocated for brand authenticity, a central theme in this conflict.

The reaction from the Colombian public has also been notable, highlighting how an iconic brand in Colombia can be put at risk by failing to foresee the protection of its name internationally. The business community has learned that it’s not enough to have a successful brand at home; intellectual property protection is essential in every market where you want to operate.

Lessons for Latin American Companies: The Importance of Registering Your Brand Globally

This case is not only a lesson for Frisby but also a warning for other Latin American companies seeking to expand into international markets. Key lessons from this conflict include:

  1. Register Your Brand in All Important Markets: Failing to register a brand in key markets, such as the European Union, can lead to the loss of rights over it, as happened with Frisby. Companies need to be vigilant about international registrations.
  2. Protect Intellectual Property as a Business Strategy: Brand protection is not just a formality; it is a crucial strategy. Companies must ensure they secure their identity before expanding to other countries to avoid legal disputes.
  3. International Expansion Requires Planning and Caution: Expansion means taking risks, and one of those risks is competition exploiting legal gaps. Companies must evaluate all legal aspects before operating outside their home market.
  4. Mutual Support Among Businesses: Solidarity between companies, as seen with Colombian brands supporting Frisby, is vital to strengthen the business community and create an environment of respect and cooperation.

Conclusion: Frisby and the Long Shadow of Intellectual Property

The legal conflict of Frisby S.A. BIC in Europe brings into focus a critical aspect of international expansion: intellectual property protection. While some Colombian companies like Totto and Juan Valdez have secured their brands in the European market, Frisby did not act in time, costing them a hard-fought legal battle.

This case serves as a reminder for all Latin American businesses: brand protection is not optional, it is a fundamental business strategy for growth and internationalization. The lesson is clear: in a globalized world, it’s not enough to succeed at home; it’s essential to ensure that your identity is protected wherever you want to do business.
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