The Brazilian Superior Court of Justice understands that the violation of soccer player’s image rights in a videogame ends when the product is no longer distributed.
According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the remaining old copies of the video game title Fifa Soccer on the market is not enough to confirm an uninterrupted violation of the image rights of a soccer player who has not authorized its use. In that case, two soccer players (...)
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Preliminary injunction is reversed and Serasa Experian must suspend the commercialization of its clients’ personal data.
In a public action filed by the Public Prosecution Office of Brazil’s Federal District, a preliminary injunction was issued ordering the suspension of sale of consumers’ personal data by by Serasa Experian. Part of the Plaintiff’s arguments highlighted the impact of Serasa’s practice on the use of personal information for mass shooting of texts during the 2020 elections, which would be repressed (...)
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New decree provides stricter sanctions to combat seed piracy.
Although the seed sector has specific legislations, piracy of seeds and seedlings still represents a loss of more than R$ 2 billion/year for Brazilian agribusiness. In order to intensify actions to combat illegal seeds and seedlings, the federal government will soon publish a decreebringing (a) greater clarity on the information required from the producer regarding (...)
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Rádio Globo wins a long-standing copyright dispute involving its traditional sports vignettes.
On November 17, 2020, the 3rd Panel of the Superior Court of Justice (SCJ) affirmed the decision of the Court of Appeals of the State of Rio de Janeiro on a copyright dispute involving vignettes broadcasted by Rádio Globo, such as “Rádio Globo-ooo”, “Fluminense-eee” and “Fla-men-go-oo”1. This dispute was initiated in 2009 and the plaintiff (...)
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Our partner Marcelo Goyanes comments on the victory over censorship in the case of Porta dos Fundo and Netflix. See full article at Veja Rio https://vejario.abril.com.br/beira-mar/porta-fundos-censura-perdeu-de-novo-advogado #MurtaGoyanes #Netflix #PortadosFundos #Censura
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The Federal Court of Appeals decides that the BPTO shall not take more than 1 year to examine an administrative appeal.
The 1st Panel of the Federal Court of Appeals (2nd Circuit) rejected the Brazilian Patent and Trademark Office (BPTO)’s appeal and affirmed the Lower Court’s decision on the merits, which ordered the BPTO to analyze the administrative appeal filed by the Plaintiff (against the rejection of its trademark application) within 60 days1. It should be highlighted that the lawsuit was (...)
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Lawsuit filed against Lojas Marisa for copyright infringement is dismissed
The 11th Civil Court of Brasília1 dismissed a copyright infringement lawsuit filed against Lojas Marisa by the artist Jacenyldo Fernandes dos Santos. The plaintiff claimed copyright infringement as a result of the unauthorized use of the expression “No Bad Days” in products marketed by Marisa. The defendant argued that this expression would be of common use, and that the word fonts, as well as (...)
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The Brazilian Superior Court of Justice holds that the Brazilian justice has jurisdiction to order the breach of secrecy of e-mails from outside of Brazil.
The Brazilian Superior Court of Justice (SCJ) holds that Brazilian courts have jurisdiction to order the breach of secrecy of e-mails hosted outside of Brazil1. In a special appeal, Microsoft questioned a Brazilian judicial order that aimed to identify the sender of some threatening messages sent from an email account associated with Microsoft itself. The (...)
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