The 3rd Civil Court of the City of Florianópolis1 partially granted a preliminary injunction preventing the creation of new franchises under the mark CALZOON until a final decision on the controversy is issued in the case. The lawsuit was filed by the owner of the trademark “Mini Kalzone”, claiming that the stores franchised under the Calzoon trademark, in the same market segment as the plaintiff’s, would be using a visual identity and trademark similar to the plaintiff’s, creating consumer confusion.
The Judge Reny Baptista Neto agreed with the similarity between the trademarks, but also between the distinctive elements of the parties’ premises, such as the layout of the stores, their advertising and the employees’ uniforms, in addition to the identity of the colors used by the parties and their market segment.
Based on this understanding, the Court recognized the probability of plaintiff prevailing on the merits and the danger of the delay in granting the preliminary injunction due to the expansion of Calzoon’s franchises.
1 Lawsuit No. 5058779-47.2020.8.24.0023/SC