According to a recent decision issued by the Court of Appeals of Rio de Janeiro¹, the former members of the band “Legião Urbana” are entitled to use the mark, which is owned by Legião Urbana Produções Artísticas Ltda., but must share with the company the revenues arising from its exploitation.
In this case, the production company Legião Urbana Produções Artísticas Ltda. filed a lawsuit against the former members of the band seeking the payment of 1/3 of the revenues they have received as a result of the use of the mark “Legião Urbana”. On its defense, the defendants argued that, in another lawsuit, they have been granted the right to use the mark regardless of the plaintiff’s authorization.
The Court of Appeals of Rio de Janeiro recognized that the defendants are entitled to use the mark without the production company’s authorization, but ordered them to pay to the production company 1/3 of the revenues they receive as a result of such use.
¹Lawsuit No. 0200044-71.2016.8.19.0001