Chile Supreme Court Upholds Property Access Easement and Blocks Band Trademark

On July 7, Chile’s Supreme Court rejected a cassation appeal and confirmed the Court of Appeals’ ruling that a parcel in Chillán lacks effective access to a public road. The court ordered a permanent legal easement of transit – a strip 100 meters long and 6 meters wide – over the neighboring land, with compensation, because the claimed northern entry was discontinuous, crossed third‑party property and required permission.

In a separate unanimous decision, the Court’s Second Chamber upheld a cassation in the substance and issued a replacement judgment denying the registration of the trademark “Los Golpes Históricos”. The judges ruled that the added word “Histórico” does not create sufficient distinction from the pre‑existing “Los Golpes” mark, and therefore would likely cause consumer confusion, so the trademark request was rejected.