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In a recent decision¹, the Court of Appeals of the State of São Paulo confirmed its understanding that merchandising directed to children during a TV show for children constitute abusive practice and results in collective civil damages. In this case, the consumer protection organization of São Paulo filed a public civil action arguing that the (...)

On July 24, 2018, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 222, which implements the Patent Prosecution Highway (PPH) pilot project with the UK Intellectual Property Office (UKIPO). Following the traditional PPH format for international cooperation, a patent application may be fast-tracked at the Office of Later Examination (OLE) where a member (...)

In a recent decision¹, the Court of Appeals of the State of Rio de Janeiro considered abusive the claim raised by ECAD (the main performance rights organization in Brazil) to increase from 10% to 15% the percentage of royalties due as a result of public performance of musical works during FIFA Fun Fest (an event (...)

The Brazilian Senate approved the Bill of Law No. 53/2018, which aims to regulate the use, protection and transfer of personal data in Brazil. The Bill of Law was already approved by the House of Representatives and is now pending presidential approval. According to the Bill of Law, companies will only be able to collect (...)

According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the unauthorized use of an individual’s name and image (likeness) automatically results in damages. In this case, the Brazilian television show host Luciano Huck filed a lawsuit against a construction company due to the unauthorized use of his name in an advertising (...)

The Brazilian Ministry of Culture announced that it will qualify entities that represent professionals of the audiovisual sector, such as authors, actors, actresses and directors, for the collective management of their copyrights. According to the Ministry of Culture, in a first stage, they will conduct a legal analysis of the entities. Afterwards, a 30-day public (...)

According to a recent decision¹ issued by the 2nd Business Court of Rio de Janeiro, the manufacture, distribution, display and sale of clothing articles, as well as any other product that refers to the symbols and trademarks of the Brazilian Soccer Confederation (CBF), without authorization, constitutes unfair competition and trademark infringement. In this case, CBF (...)

In a recent decision¹, the Superior Court of Justice confirmed the understanding that the analysis of trademark conflicts should also consider the ideological similarity of the marks, under the penalty of consumer confusion or wrongful association. In this case, the owner of the mark “BIGFRAL” filed a nullity lawsuit against registration of the mark “MEGAFRAL”, (...)