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Court of Appeals of the State of Rio de Janeiro affirms trade dress infringement of stroller

According to a decision issued by the 7th Civil Chamber of the Court of Appeals of the State of Rio de Janeiro1, the company Comércio Importação e Exportação Ltda must refrain from manufacturing, selling and promoting the stroller “Attractive” because it infringes the trade dress of the stroller “Safety 1st”, manufactured by a competitor.

By means of an interlocutory appeal, the defendant challenged the granted preliminary injunction due to lack of consumer confusion, as several similar products would be found on the market.

However, the Court affirmed the lower court’s decision based on the fact that the Civil Procedure Code allows the grant of preliminary injunctions to cease acts that cause consumer confusion and infringe third party’s rights, as occurred in the case at hand.

1Lawsuit No. 0004315-08.2019.8.19.0000