After being charged for the illegal use of the Farma Express DCH brand, shareholders and legal representatives of three pharmacies deepened their fraudulent scheme: they sold complete establishments as if they were authorized franchises, using without permission the name, design, and registered colors of a legitimate company.
New evidence reveals that those involved forged documents and simulated a fake commercial network to deceive buyers, even after facing legal charges.
The Escalating Fraud: From Imitation to Illegal Sale of “Franchises”
The pharmacies Farma Express Sierra Maestra, Farma Express Bella Vista, and Farma Express Indio Mara operated under the supposed network “Farma Express,” despite the brand being legally registered in October 2023 by another company (SAPI N° S078494).
However, the serious issue was not only copying the visual identity but also creating a system to transfer businesses as fake franchises, according to court documents.
Strong Evidence: Backdated Documents and Unauthorized Sales
The investigation confirmed three illegal actions:
1. Fraudulent documents with dates prior to the legal registration of the brand to simulate prior rights.
2. Transfer of complete pharmacies with the logo, colors, and name of Farma Express DCH, without a license.
3. Deceiving buyers, such as in the case of Farma Express Sierra Maestra, sold to Leonardo Palmar under a document that imposed conditions on the use of the name “Farma Express Sur,” although the sellers did not have authorization.
“They did not limit themselves to imitating a brand: they created a legal facade to sell other’s businesses,” explained a source close to the case.
From Unauthorized Use to Organized Crime
Initially, the case focused on the unauthorized use of the brand. But new evidence shows a structured fraud:
– They simulated franchises with operational manuals and fake contracts.
– Used backdated documents to validate illegal transfers.
– Sold pharmacies including elements of the registered brand, as if they were part of a legitimate chain.
“This is no longer an administrative infraction: it’s fraudulent appropriation with forged documents,” warned an intellectual property specialist.
Legal Implications: Why Is It Serious?
The legal representatives of FarmaExpress DCH claim that the accused not only harmed the brand’s reputation but also profited by selling a stolen business model. While the justice process moves forward, charges are being analyzed for:
• Aggravated fraud (for selling fake franchises).
• Documentary fraud.
• ILlegal appropriation of industrial property.
The unauthorized use of a registered brand can create confusion in the market, constituting a crime that directly affects consumers. This includes unauthorized reproduction, imitation of recognized brands, or the use of similar signs that may mislead regarding the origin, quality, or legality of the offered products or services. It not only violates the rights of the legitimate holder but also undermines public trust in formal commerce.
Urgent Measures and Economic Analysis
The competent court will evaluate the petition for precautionary measures to ensure the effectiveness of the process and prevent irreparable harm while the core of the matter is resolved.
This is especially relevant considering that the businesses involved not only engaged in the unauthorized use of the registered brand but also carried out the fraudulent sale of supposed franchises, obtaining illicit income. Consequently, it’s essential to analyze the origin and destination of these funds, to determine possible criminal and patrimonial responsibilities.
What’s Next:
A definitive cessation of the implicated pharmacies is expected, along with progress on the criminal investigation in the state of Zulia, where these events have been detected.