News

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 (...)

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 (...)

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 (...)

On November 3rd, 2020, the Brazilian Patent and Trademark Office (BPTO) announced a tool for scheduling videoconference meetings between users and examiners. After the requestis filed, an e-mail will be sent to the interested party with in 7 working days rejecting or accepting the request. Each videoconference meeting is estimated to last one hour, and (...)

On October 26, 2020, the Brazilian National Film Agency (ANCINE) placed under public consultation the Regulatory Notice which addresses the evaluation of the “Managing Power” institute. According to ANCINE, the goal is to foster public debate and gather contributions in order to base ANCINE’s decision on the future regulation of the matter. The managing power (...)

The 1st Chamber of Corporate Law of the Court of Appeals of the State of São Paulo (TJSP) dismissed an unfair competition lawsuit filed by the company Vigor, based on the trade dress adopted by the company Danone in its Greek yogurt packaging. According to the reporter judge, Cesar Ciampolini, “the size, relevance and notoriety of the trademarks of both (...)

Today begins the 40th International Intellectual Property Congress held by ABPI and tomorrow (10/20) our partner Antonio Murta participates in the debate “The protection of the brand in the current legislation”, at 2:30 pm. More information at:  https://congresso.abpi.org.br/grade-de-eventos #MurtaGoyanes #trademark #ABPI

The 3rd Panel of the Superior Court of Justice1 (STJ) ordered the broadcast company SBT to pay damages to the artist MC Leozinho of R$ 20,000 due to the unauthorized use of a part of the chorus of one of his songs as the name of a television program. In 2010, the defendant tried to obtain a copyright license to use the song “Se (...)