Marcelo Goyanes participates in Expocine 2020
On October 16 (Friday), at 1 pm, our partner Marcelo Goyanes participates in Expocine 2020 in the panel “Piracy in the World and National Context” alongside Andressa Pappas (director of MPA – Motion Picture Association) and Jonas Antunes (Director Regulatory Legal Department of ABTA – Brazilian Pay-TV Association). The table will be mediated by Tânia (...)
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Disney has not granted authorization to use characters of its motion picture “The Muppets” in political campaign to São Paulo’s City Hall
Ms.Joice Hasselmann,who is frequently called Miss Piggy, one of the most well-known characters of the film “The Muppets”, decided to use images from the famous film in her political campaign, simulating the puppets singing her jingle. However, Disney, holder of the copyrights in and to the characters, claims that is has not authorized use of (...)
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Judicial decision prevents the creation of new CALZOON franchises
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 (...)
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São Paulo’s State Court affirms condemnation of a company that sold products similar to Kipling’s goods
The company KIPLING APPAREL CORP. (“Kipling”) filed a lawsuit against VVT MODAS COMÉRCIO, IMPORTAÇÃO E EXPORTAÇÃO LTDA (“VVT”), seeking that it refrained from manufacturing, stocking, marketing, disclosing and using, for any reason, the bags, backpacks and wallet of the “Vivatti” model that, supposedly, would violate the trade dress of the plaintiff’s products. The lower court (...)
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Superior Court of Justice affirms the prohibition of unauthorized use of photos of monuments on phone cards
The Superior Court of Justice (STJ)1 affirmed the condemnation of the company Oi S.A. and the city government of São Borja for the unauthorized use of photos of the city’s landmarks on phone cards. The was filed in 2013 by an Argentine photographer against the unauthorized commercial use of his photographs in February 2002. STJ (...)
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In an IP Snippet published on Inta Bulletin, our partner Luiza Duarte addresses the topic: “BRAZIL: Possible Application for Positional Marks” Read more: https://www.inta.org/perspectives/brazil-inpi-assesses-possibility-of-application-for-positional-marks/
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The Brazilian National Film Agency (Ancine) decides that screening films at digital festivals does not constitute commercial release:
Considering the impact of the COVID-19 pandemic in the audiovisual sector, ANCINE Board of Directors unanimously decided on the possibility of exhibiting audiovisual cinematographic works financed by the Audiovisual Sectoral Fund (FSA) in exhibitions and festivals on digital platforms, without this screening being considered a commercial release. In this regard, the Board of Directors emphasized (...)
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The Federal Court of Appeals orders the Brazilian PTO to grant a trademark registration for “São Lourenço da Serra”, but without exclusive rights over the word elements
In an administrative proceeding, the BrazilianPTOinvalidatedthe registration of the composite mark “São Lourenço da Serra”, based on the anticipation of the composite marks “São Lourenço”, which covered the same services of bottling of mineral water.The lower court affirmed the Brazilian PTO’s understanding and the plaintiff was ordered to cease use of the mark “São Lourenço (...)
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