Creadores de HH llevan a juicio a Indecopi por no registrar su marca: lo que está en juego – gestion.pe

It might seem like a world away from the neon lights of South Beach or the high-rises of Brickell, but a legal battle currently unfolding in Peru is striking a chord with the entrepreneurial spirit here in Miami. For those who follow the Latin American digital landscape, the news that Ricardo Mendoza and Jorge Luna—the powerhouse duo behind the stand-up comedy phenomenon “Hablando Huevadas” (HH)—are taking Indecopi to court is more than just a celebrity spat. It is a fundamental clash between commercial expression and state-defined morality, a tension that resonates deeply in a city like Miami, where the boundaries of “acceptable” branding are constantly pushed by a multicultural, globalized workforce.

The crux of the conflict is surprisingly old-school. Indecopi, Peru’s National Institute for the Defense of Competition and the Protection of Intellectual Property, has repeatedly refused to register the “Hablando Huevadas” trademark. Their reasoning? The phrase is deemed “contrary to good customs.” According to the agency’s Direction of Distinctive Signs, the expression is viewed by a broad sector of the population as inappropriate and a crude way of speaking, essentially arguing that the brand’s exceptionally name is too vulgar for official legal protection [1]. For Mendoza and Luna, this isn’t just about a piece of paper; it’s about the ownership and scalability of a brand that has already captured millions of viewers across the Spanish-speaking world.

The Friction Between Public Morality and Brand Equity

When we look at this through a macro lens, the Indecopi ruling represents a “morality clause” approach to intellectual property that feels increasingly anachronistic in the era of viral content. In the digital age, “edgy” is often a currency. The very thing Indecopi finds offensive is precisely what makes “Hablando Huevadas” resonate with its audience. By attempting to gatekeep the trademark based on social acceptability, the state is essentially trying to apply 20th-century social norms to a 21st-century attention economy.

For the Miami business community, particularly those operating in the arts, entertainment, and digital media sectors in areas like Wynwood or the Design District, this case serves as a cautionary tale about the volatility of international trademark law. While we often take for granted the protections afforded to us here, the reality is that “brand equity” is only as strong as the legal framework supporting it. If you’re a Miami-based creator expanding into Latin American markets, you quickly realize that what passes for “bold branding” in Florida might be flagged as “contrary to good customs” in another jurisdiction.

A Contrast in Legal Philosophy: The US Perspective

Contrast this with the legal landscape governed by the United States Patent and Trademark Office (USPTO). For decades, the US also had provisions to reject “immoral” or “scandalous” trademarks. However, the tide shifted dramatically with landmark Supreme Court decisions. In cases like Matal v. Tam and Iancu v. Brunetti, the Court ruled that the government cannot refuse to register trademarks simply because they are offensive or scandalous, as doing so violates the First Amendment.

In Miami, if a comedy duo tried to register a brand with a similarly provocative name, the USPTO would likely approve it, regardless of whether a “broad sector of the population” found it crude. This fundamental difference in philosophy—prioritizing free expression over state-mandated decorum—is why Miami has become such a fertile ground for disruptive startups and provocative art. We don’t just tolerate the “huevadas” of the world; we monetize them. To navigate these waters, many local founders rely on robust trademark protection strategies to ensure their intellectual property is shielded from both competitors and bureaucratic overreach.

Navigating the “Edgy” Brand Minefield in Miami

While the First Amendment provides a sturdy shield in the US, the reality of running a business in the Magic City is that legal challenges often come from other directions—such as trademark infringement suits or zoning disputes in the ever-changing landscape of Miami-Dade County. Whether you are launching a provocative podcast, a niche fashion line, or a disruptive tech app, the intersection of “brand identity” and “legal compliance” is where most founders stumble.

Given my background in geo-journalism and professional directory curation, I’ve seen how often entrepreneurs in Miami rely on “handshake deals” or generic online filings that leave them vulnerable. If your brand pushes boundaries or operates across international borders—much like the HH creators—you cannot afford to treat your legal structure as an afterthought. You need a team that understands not just the letter of the law, but the cultural nuances of the market you are targeting.

The Local Professional Toolkit for Disruptive Brands

If you are building a brand in Miami that challenges the status quo or risks being labeled “controversial,” you should move beyond general practitioners. You need specific archetypes of expertise to protect your assets:

Boutique IP Litigation Attorneys

Don’t just look for a “business lawyer.” You need a specialist who focuses specifically on Intellectual Property (IP) and has a track record with the USPTO. Look for firms that emphasize “First Amendment” or “Freedom of Expression” cases. The ideal attorney should be able to articulate why your brand’s “provocation” is a protected commercial expression rather than a legal liability.

Cross-Border Brand Strategists

If your target audience includes the Latin American diaspora or markets in Peru, Colombia, or Mexico, a local Miami consultant who understands the “moral” legalities of those regions is vital. They should be able to conduct a “cultural risk assessment” to tell you if your brand name will be embraced in Miami but banned by an agency like Indecopi abroad.

Commercial Compliance Specialists

Especially for those in the entertainment and nightlife sectors, having a professional who understands Miami-Dade County’s specific regulatory environment is key. Look for experts who can bridge the gap between your creative vision and the rigid requirements of local government bodies, ensuring your physical presence is as secure as your digital trademark.

The battle between “Hablando Huevadas” and Indecopi is a reminder that the law is often a lagging indicator of culture. While the Peruvian courts will decide the fate of HH, Miami entrepreneurs can learn from this by proactively securing their intellectual property and surrounding themselves with experts who know how to defend a bold vision.

Ready to find trusted professionals? Browse our complete directory of top-rated intellectual property lawyers in the Miami area today.