The renowned Colombian fried chicken chain, Frisby S.A. BIC, is currently engaged in an intense legal dispute in Europe over the protection of its trademark. The case has drawn attention from both the public and intellectual property experts, highlighting the risks and challenges brands face when expanding internationally.
The Origin of the Conflict: Two Frisby Names, One Brand Identity at Stake
It is important to highlight that the controversy began when establishments operating under the name “Frisby España” started appearing in Spain, using corporate branding and offering products that closely resembled those of the well-known Colombian chain, founded in 1977 by Alfredo Hoyos Mazuera in the city of Pereira.
The Colombian company reacted immediately, denouncing what it considered unauthorized use of its name and logo. However, the Spanish company behind “Frisby España” claims to have validly registered the name with the European Union Intellectual Property Office (EUIPO), arguing that although the Colombian trademark had been previously registered (some sources say since 2004), it had not demonstrated “genuine and effective commercial use” in the EU for an uninterrupted five-year period—a condition that could justify its cancellation under current European regulations.
The Legal Battle Before the EUIPO
It should be noted that in such disputes, the EUIPO requires prior trademark holders to prove genuine use of their mark in the European market. Within this framework, Frisby España SL reportedly initiated a cancellation procedure against the Colombian registration, alleging commercial inactivity.
Frisby S.A. BIC now faces the challenge of documenting its effective presence in Europe. This includes presenting evidence such as invoices, advertising campaigns, or commercial agreements aimed at the EU market. The company has publicly expressed its firm intention to defend its business legacy, emphasizing that this is strictly a legal matter currently being addressed through formal legal channels.
Legal Options for Frisby Colombia
It is worth noting that, in addition to proving effective use of the mark, Frisby Colombia may consider several strategic legal alternatives:
Alleging bad faith in the Spanish registration: If it can be shown that “Frisby España” was aware of the Colombian brand and registered the name to unfairly benefit from its reputation.
Negotiating a settlement: Exploring options such as a coexistence agreement, a licensing deal, or even a full transfer of the mark.
Invoking copyright: On creative elements of its corporate image—such as its iconic chicken character—if these elements qualify as original works protected under copyright law.
The Emotional Power of a Brand
The dispute has gone beyond legal forums. On social media, the case triggered a wave of support for Frisby Colombia, particularly from Colombians living in Spain—one of the top destinations for Colombian migrants.
Hashtags like #EstamosConUstedes (“We’re With You”) went viral, and several brands and public figures expressed their solidarity. It is important to underscore that Frisby, beyond being a commercial name, has become a cultural symbol for millions of consumers.
In response, Frisby España announced changes to its visual identity—including colors and logo—and temporarily suspended new entries to its franchise system. In a further twist, the company reportedly demanded financial compensation from a young Colombian woman who referred to its brand as “pirate” on social media—adding another emotional and social dimension to the case.
Key Lessons for International Trademark Protection
This case offers valuable lessons for businesses seeking global expansion:
- Registration alone is not enough: It is crucial to note that registering a trademark in multiple jurisdictions without genuine commercial activity may leave the owner vulnerable to challenges.
- Constant monitoring: Brands must implement surveillance strategies to detect conflicting registrations or uses in real time.
- Preventive legal advice: A sound legal strategy from the outset of international expansion is essential to minimizing risk.
- The brand as an emotional asset: Trademark protection also encompasses the emotional and cultural value that connects a brand with its audience.
Final Reflection
Although the legal proceedings are ongoing and a final decision by the European authorities is still pending, Frisby vs. Frisby is already shaping up to be a landmark case in the field of international intellectual property. It underscores the need for active and strategic management of trademark rights and reminds us that a strong brand is built not only through market presence but also through vision, identity, and cultural resonance.
