Mas de 4 años de Injusticia: Yooloper

Mas de 4 (cuatro) anos sin poder seguir desarrollando Yooloper. En Junio 2017, NSComex habia recibido la notificacion legal en el que Topper de propiedad de Alpargatas SAIC se habia opuesto al registro completo de Yooloper en el mercado de indumentaria. Los costos legales para defender Yooloper desembocaron en  la salida de NSComex, como principal marca, del Monotributo. 

Galloper, es una de las marcas que pudo haber salvado a Yooloper en el mercado de Indumentaria en materia legal.

Yooloper, Galloper, Topper.

Link: https://www.google.com/search?q=galloper+jeans&rlz=1CAHKDC_enAR962&oq=galloper&aqs=chrome.0.69i59j46i39i175i199j69i57j0i512l2j69i60l3.1535j0j7&sourceid=chrome&ie=UTF-8 

Link https://es-la.facebook.com/galloper.jeans/

Se recuerda el hecho como un atentado a la libertad de desarrollo en el mercado.

Nicolas Sourivongxay 

June: NSComex - Yooloper Memorial month

In June 2017, after being in the legal market for 8 months , NScomex received a legal notification about the brand Yooloper from its lawyer. NScomex could not afford the cost of expenses of the legal processes, so NSComex decided to withdraw Yooloper's products and also, the little company decided to leave the market.

In that month, the owner almost burned everything he made, including that table and that sewing machine you see in the photo. 

The owner said he lost money and time investing on that brand, on those products. 

Finally, NSComex came back to the market in October 2018 but without Yooloper.

JUNE: NSCOMEX-Yooloper MEMORIAL MONTH.

The end of the enemy?

This is what Nicolas Sourivongxay posted on his Linkedin Account, minutes ago about his enemy.

"..For those ones who didn't know about my fight against my enemy, Alpargatas S.A., in defense of my brand #Yooloper .
I fought so much against them and here is the link of the cause and details: https://lnkd.in/etvBQ2S

The world of private sector knew about it. I remember when I was on vacation on the beach visiting another brand Cardon, there were 2 men talking indirectly about it, and when I was taking classes at the Central Bank in Buenos Aires City, speakers said something about it indirectly.

My enemy, was finally bought in 100% by the brazilian mormon millionaire, Carlos Roberto Wizard Martins, from Grupo Sforza by around U$s 88 millions recently. He belongs to mormon church. 

 Link of the news: 
https://lnkd.in/eqpqBVE
https://www.clarin.com/economia/magnate-brasileno-quedo-totalidad-marca-argentina-topper-64-millones-dolares_0_mdtUMa0j.html
https://fortuna.perfil.com/2019-12-30-208461-la-marca-topper-ya-tiene-nuevo-dueno/
https://www.cronista.com/apertura-negocio/empresas/Alpargatas-vende-la-totalidad-de-Topper-Argentina-por-us-64-millones-20191230-0002.html
https://www.infobae.com/sociedad/2019/12/31/una-empresa-brasilena-se-quedo-con-la-totalidad-de-topper-argentina/
https://www.iprofesional.com/negocios/306622-local-gas-crisis-Multimillonario-brasileno-toma-el-control-de-la-marca-Topper-en-Argentina
https://mundoempresarial.com.ar/contenido/1441/la-marca-topper-argentina-fue-vendida-a-un-empresario-brasileno-quien-es

Personally, I can't get no satisfaction. Imagine me selling my products Yooloper all this years. Check my resume here on Linkedin. I had to close #NSComex in 2017. After that, I came back to the market but without Yooloper. I lost money of investment too..."

Nicolas Sourivongxay

Owner of NSComex & Yooloper. 

Yooloper CNDC result

This is the latest news about Yooloper.

Let's remember the case here:
http://yooloper.blogspot.com/2019/07/yooloper-news.html?m=1

The National Commission for the Defense of Competition declared itself as an incompetent national institution in response to the legal dispute of brands between Yooloper vs its enemy. Check it out on this link:

Law N° 27.442 | CNDC
http://cndc.produccion.gob.ar/node/2592

By the way, Yooloper has been searching for more cases in addition to its defense.
Yooloper found a special case in Avellaneda, Buenos Aires, Argentina. This company opened its door since 2003/4 , the brand Galloper (Jeans) belongs to the clothes industry, and the brand is a registered legal brand name and very well known in the zone.
So, congratulations to them, they got their goals.

https://m.facebook.com/galloper.jeans/?locale2=es_LA

Unfortunately, the national market, the unmentionable enemy, the national institutions like the INPI and others, rejected me by pushing me out from the market in a bad manner.
Yooloper is still claiming for Justice. Argentina system must accept its responsability for destroying my brand Yooloper, my creations, my business.

Nicolas Sourivongxay
Owner of NSComex & Yooloper
https://nscomex.wordpress.com/

Yooloper news

Yooloper continued fighting even death in the market.
The brand asked some organizations for lawyers sponsorships.

Let's remember the cause: http://yooloper.blogspot.com/2019/04/memorial-yooloper-s-month.html?m=1

According to these organizations these are their services.

Public College of lawyers of Buenos Aires City: Legal advice in civil, criminal and social security affairs.

Proffesional training centre of Buenos Aires University: Legal advice in civil, criminal, labor, commercial and social security affairs.

https://twitter.com/NsComex/status/1146051474964848640?s=19

The last chances were asking for sponsorships in these organizations, but unfortunately they had a lack of service concerning the commercial point about legal brands.

I have no option just to raise money to defend my brand Yooloper.

"..And we lost the mercy too @TherealYooloper . The wardrobe with the clothes. The investment in money to develop the business...the machine...the clothing. The increasing of taxes didn't help either...Abuse. Ces't la Vie." 
https://twitter.com/NsComex/status/1146108542249836545?s=19

And this is what Yooloper said: "Thanks @NsComex for your kind help. We lost money during the process. It's unfair for us to deal with the expenses while some companies have everything and a lot of money. It's not easy to make it. Yooloper forever. Hope & love 👍"
https://twitter.com/TherealYooloper/status/1146081941009162240?s=19

It's like we need to change this law. Everybody can invent many brand names to go against Yooloper, so I would have to pay money for every opposition during the process.

Imagine all these brands or fake brands against Yooloper. How much money would I pay for every opposition? They are not equal and Yooloper doesn't represent those brands on your mind.

Whopper
Gamoper
Mopper
Fropper
Etc.

You can't be the only one owner of "oper" in cases when it is included as part of a large word.

https://twitter.com/NsComex/status/1146071624439013376?s=19

The new law of tradebrand Law 22362, made by the Congress doesn't give enough instructions of the process. The National Institute of Intellectual Property (INPI) should have personal in charge to check and double check the new brands applications forms to avoid these kind of problems in order to avoid paying so much money to the lawyers and all the expenses that involves the procedures.

This kind of practice is called in business language as 'entrance barrier' , it's a cruel game between companies that carries the purpose of expulsion of those weak little companies and Yooloper was an example.
It is a way to defend their brands from copies, but the market turns unfair when the judgment goes wrong and when the companies are not in equal conditions.

July 3rd, 2019 the INPI is running a kind of tariff barrier that will damage those little business who have been suffering all these years for the increasing of taxes and the economy situation of the country.
That is affecting my brand @NSComex too.
http://www.inpi.gob.ar/marcas/noticias/declaracion-de-uso-para-marcas-registradas

After all is said and done. I don't have the power to change the things. It depends on the Congress, it depends on the people who manage the INPI.

The only one option I have is to ask people to help me raise enough money to protect my brands, my creations, my work.
Help by buying the products and hiring the services of NSComex.

Nicolas Sourivongxay.
Owner of Yooloper & NSComex
https://nscomex.wordpress.com

Memorial Yooloper ' s month

April is the memorial month for my brand @Yooloper . Exactly on April 7th, 2017 at 2:47 pm the act of abuse started in the market. Not receiving support from the government in order to fight against big companies. 2 years  & I'm still asking 4 justice .

https://www.facebook.com/1010420829055246/posts/2035915909839061/?app=fbl

With this phrase, the main brand NSComex and his owner have been claiming for their brother's brand Yooloper:

'After all is said and done. I have problems. The major error in the #system is when you get poor, it is not easy to find justice according to justice system. With lack of money, #justice is just a privilege for those ones who have enough money to claim.'  Nicolas Sourivongxay

https://twitter.com/NsComex/status/1086291671594254336?s=19

The period of time is expired and there's no possibiity to claim for it again according to the law 22362 : https://twitter.com/NsComex/status/1094077467780960256?s=19

I invoked the law of trademarks No. 22362, the decree nro 27/2018 B.O. 01/11/2018 and the Law of Defense of National Competition No. 27442 before the corresponding institutions.

This opposition is rejected by me, there was no positive conciliation and there was doubting of the legitimacy of the legal act. The arguments of the opponent are scarce, incoherent and possibly made in bad faith.

Yooloper was regulated by the Trademark Law, not applying Decree 27/2018 because its application is not retroactive.

The next step was to initiate a judicial action which entails expenses of attorney's fees and inherent paperworks.

According to the terms of the Law 22362 (1 year for the response of the opposition and then the Justice resolves) the time expired. The process took almost 2 years from April 7th, 2017.

The last conciliation date was on November 13th, 2018.

And the notification was received on June 7th, 2017 provoking my exit from the Monotributo (exit of my company from the system) for solving the expenses of said procedures.

In October of 2018 I returned to the Monotributo but without being able to develop my brand Yooloper.

I tried to ask the National Institute of Intellectual Property to apply art. 42 of Law 22362 but I was rejected as follows:

Video1 : https://twitter.com/NsComex/status/1089859012558876672?s=20

Video2 : https://twitter.com/NsComex/status/1089860177153703938?s=20

About the law : https://twitter.com/NsComex/status/1089862043283410944?s=20

The Police : https://twitter.com/NsComex/status/1089863318926290946?s=20

Video3: https://twitter.com/NsComex/status/1089864608221868034?s=20

Video4: https://twitter.com/NsComex/status/1089865226835570689?s=20

Video5 : https://twitter.com/NsComex/status/1089878144671084544?s=20

Claim before INPI 1 : https://twitter.com/NsComex/status/1090039009718472710?s=20

Claim before INPI 2 : https://twitter.com/NsComex/status/1090040417679298561?s=20

Claim before INPI 3 : https://twitter.com/NsComex/status/1090042013880332288?s=20

Claim before INPI 4 and Comision Nacional de Defensa de la Competencia : https://twitter.com/NsComex/status/1090199463648468992?s=20

Claim before INPI 5 : https://twitter.com/NsComex/status/1090575736812064769?s=20

'Everything is money and money ... without money only rarely justice. Without money, it is very likely that justice will not work. Without money, there is no paradise ... '

https://twitter.com/NsComex/status/1090585509502566400?s=20

In addition, the claim was made before the National Commission for the Defense of Competition in 2018, arguing the dominant position in the market that determines the economic viability of a market participant and that prevents, hinders or hinders entry or permanence in a market or exclude them from this. (art 3 and art 5 Law 27,442). It was rejected by the institution in an inconsistent manner.

Furthermore, a complaint was made before the Ombudsman's Office in the Autonomous City of Buenos Aires, before the Center of Access to Justice (CAJ) and before Human rights organizations for the principle of vulnerability, imploring the pro-homine principle to be applied. But the claims were sadly without effect.

Nicolas Sourivongxay.
Owner of Yooloper & NSComex
https://nscomex.wordpress.com

Yooloper

Indumentaria/Clothes

https://nscomex.wordpress.com/