Actor Pedro Pascal, star of productions such as The Mandalorian, The Last of Us and Narcos, faces in Chilean courts a curious dispute: the alcohol mark Pedro Piscal, created by an entrepreneur of Santiago, who according to the artist’s lawyers generates confusion with his name and can induce consumers to believe that he is behind the product. The information is from the newspaper The country.
The brand was conceived in late 2022 by David Herrera, during a year -end fraternization, while taking a traditional piscola (pisco with soda). The idea was well received by friends and family and, months later, Herrera registered the name at the Institute of intellectual property (INAPI). Since no one contested the request within the legal time limit, he officially became the brand owner in August 2023.
The following year, the product began to be sold in partnership with Pisquera ABA, in the Elqui Valley, traditional region of drink production. Positioned as a 40 degree premium pisco, “Pedro Piscal” was released at about $ 12 per bottle.
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The process filed by Pascal
The situation changed in March 2024, when Pascal’s lawyers filed a lawsuit to nullify the registration. The defense argues that the brand is “almost identical” to the actor’s name, both graphically and phonetically, and that there is a commercial use of the artist’s fame, in disrespect to the rules of loyal competition.
Another point raised by the legal team is that Pascal is already acting in the sector as a advertising face, among them Corona beer and Chilean wine Casillero del Diablo. For lawyers, this reinforces the chance of confusion among consumers.
Herrera’s defense version
Already the entrepreneur’s representatives claim that there is no relationship with the actor. According to lawyer Ángel Labra, the name comes from the variety of grape Pedro Jiménez (used in the production of Pisco) added to a word game with “pisco”. The bottle, they highlight, does not bring the image of Pascal, but the silhouette of a man accompanied by a dog.
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For them, the brand was created “in good faith” and does not deceive consumers. The defense even requested Pascal’s participation at an online hearing to give testimony, but the hearing has not yet been realized.
Parallel dispute for domains on the internet
Even before the brand’s clash, Pascal’s lawyers won a dispute related to internet domains. The NIC Chile, the body responsible for the “.cl” websites registration, decided in 2024 to cancel addresses such as PedroPriscal.Cl and PedroPiscalpisco.Cl, which were in the name of Herrera and third parties. The arbitral tribunal concluded that the records violated principles of mercantile ethics.
Precedents and next steps
The case is still in the first instance in Inapi and can take up to two years to be resolved. In case of appeal, it can reach the Supreme Court of Chile.
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The two newsstands involved have experience in such disputes. The office that represents Herrera has defended brands such as Superpan (which faced DC Comics), Starwash (in dispute with Lucas Film) and Harry Plotter (against Warner Bros). He also acted in the case of humorist Christian Henríquez, who was able to record the character “Maikel Pérez Jackson”.
On the other hand, Studio Silva, which represents Pascal, had a recent victory in India, where the court recognized the right of Chilean producers to use the previously exclusive Pisco term of Peru.
