Post by xyz3500 on Feb 22, 2024 2:28:14 GMT -5
Given the lack of trademark protection for expressions in common use , under the terms of item IV of article 124 of the Industrial Property Law, the 2nd Chamber of Business Law of the Court of Justice of São Paulo dismissed the appeal of a company that wanted to prevent a competitor from using the phrase “fixes everything” on their products. Both companies sell products that bond all types of materials. That’s why they use the expression “fixes everything” on their packaging. Unanimously, the judges understood that the expression only describes the products offered by the companies and, therefore, is in common use. The rapporteur, judge Ricardo Negrão, cited three exceptions to the rule in article 124, VI, of the Industrial Property Law: the notoriety of the brand, the “secondary meaning”, and the possibility of confusion caused to consumers.
For him, the case in question does not fit into any of the hypotheses, and it is not possible to prohibit the defendant company from using the expression “fixes everything”. “ The expression “fixes everything” is generic in nature, known by consumers for its meaning in Portuguese. In the case at hand, because directly associated with the purpose of the product offered, the Israel Mobile Number List expression “fixes everything” has a merely descriptive character”, stated the rapporteur. Negrão concluded that the use of the expression “fixes everything” by the defendant company does not violate the author's trademark rights: “The injunctive claim constitutes true contradictory behavior, prohibited by the Brazilian legal system.
transnational insolvency”, by minister paulo de tarso sanseverino stj minister paulo de tarso sanseverino addressed in his lecture the complexity of dealing with the insolvency crisis of large companies headquartered in different countries, as they are supported by different jurisdictions. Sanseverino highlighted the main cases involving transnational insolvency in brazil, such as that of the company ogx, sete brasil and oi. “the topic is intriguing and there is a need for regulation in brazilian law. The solutions found in comparative law are satisfactory, especially the uncitral model law, which will probably be transposed here,” he said. According to the minister, the most important measures to be adopted are international cooperation protocols between courts. “legal security is a fundamental principle in this era of technological revolution and globalization.” click here to watch sanseverino's talk.
For him, the case in question does not fit into any of the hypotheses, and it is not possible to prohibit the defendant company from using the expression “fixes everything”. “ The expression “fixes everything” is generic in nature, known by consumers for its meaning in Portuguese. In the case at hand, because directly associated with the purpose of the product offered, the Israel Mobile Number List expression “fixes everything” has a merely descriptive character”, stated the rapporteur. Negrão concluded that the use of the expression “fixes everything” by the defendant company does not violate the author's trademark rights: “The injunctive claim constitutes true contradictory behavior, prohibited by the Brazilian legal system.
transnational insolvency”, by minister paulo de tarso sanseverino stj minister paulo de tarso sanseverino addressed in his lecture the complexity of dealing with the insolvency crisis of large companies headquartered in different countries, as they are supported by different jurisdictions. Sanseverino highlighted the main cases involving transnational insolvency in brazil, such as that of the company ogx, sete brasil and oi. “the topic is intriguing and there is a need for regulation in brazilian law. The solutions found in comparative law are satisfactory, especially the uncitral model law, which will probably be transposed here,” he said. According to the minister, the most important measures to be adopted are international cooperation protocols between courts. “legal security is a fundamental principle in this era of technological revolution and globalization.” click here to watch sanseverino's talk.