A Chilean entrepreneur named David Herrera is embroiled in a legal dispute with Hollywood star Pedro Pascal over the brand name of his pisco spirit. Herrera's choice, Pedro Piscal, is seen by Pascal's legal team as an infringement on the actor's name and brand, leading to a court battle that highlights a trend of creative, and sometimes legally contentious, branding in Chile.
A legal battle is currently underway in Chile, pitting a local pisco merchant against the globally recognized actor Pedro Pascal . David Herrera, the owner of the pisco brand Pedro Piscal , registered the name with Chilean commercial regulators in 2023 and has been actively selling his product in various establishments. Herrera explained that the name was chosen after exploring several options, with Pedro Piscal eventually being selected. The situation escalated when Herrera began receiving strongly worded communications from lawyers representing the actor. He expressed surprise and a degree of intimidation at being targeted by legal representatives of such a prominent celebrity, stating that the experience was initially quite frightening.
Pedro Pascal, a Chilean-born actor with significant popularity in his home country, has not personally appeared in court. However, he has filed a legal claim to gain control of the brand name, citing its close resemblance to his own name and existing brand. This situation is not unprecedented in Chile, where other entrepreneurs have faced legal challenges from famous personalities over their creative brand choices. For instance, a honey business known as Miel Gibson, which featured an image from the movie Braveheart on its labels, successfully defended its right to use the name after Mel Gibson initiated legal action. Similarly, in 2020, DC Comics pursued a bakery in Santiago that had operated for three decades as Superpan, utilizing imagery associated with Superman. The bakery ultimately prevailed in its legal defense. Elsewhere in the city, near a printing business named Harry Plotter, operates Star Wash, a car wash service that draws inspiration from the Star Wars franchise, even adopting its distinctive font.
Matías Jara, the proprietor of Star Wash, attributes these playful branding strategies to a characteristic Chilean sense of humor and mischievousness. He elaborates that Chileans often engage in wordplay and lighthearted modifications of cultural references, such as altering the lyrics of English songs to give them a local flavor. Jara’s own motivation for using Star Wars elements was to differentiate his business and express his personal affinity for the franchise. At Star Wash, patrons can experience themed services, such as having their car interiors cleaned under the gaze of Chewbacca or receiving windshield polishing under the supervision of Stormtrooper impersonators. The establishment has become a popular gathering spot for cosplayers. Star Wash successfully navigated an initial legal challenge from Lucasfilm, the rights holder of the Star Wars universe, to retain its name. However, a separate ongoing legal case could still potentially compel Jara to alter his company’s name.
Regarding the Pedro Piscal brand, Herrera maintains his position, stating that he has no regrets about his choice. He recounted that he and his cousins often enjoyed a drink they referred to as a piscal, a mixture of pisco and Coca-Cola served over ice. The name Pedro, he explained, was derived from the Pedro Ximénez grape, a variety used in the distillation of pisco. Nevertheless, legal counsel for Pascal views the matter differently. Juan Pablo Silva, the managing partner of the law firm representing Pascal, declined to comment on the specifics of the ongoing case. However, he pointed to preliminary rulings that have already transferred ownership of two online domain names from Herrera to Pascal, as well as Pascal’s successful trademarking of his name, as positive indicators for their legal strategy. The firm anticipates a ruling on the matter before the end of the year. Herrera, for his part, emphasizes that his business does not utilize Pedro Pascal's likeness or image in any way and is solely focused on offering a quality product.
Pedro Pascal Pedro Piscal Chilean Pisco Trademark Dispute Intellectual Property
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