Hot Topic – Superior Court of Justice ratifies the need of an expert’s evidence in order to verify unfair competition in trade dress
On October 25, 2017, the Superior Court of Justice published newsletter No. 612, in which the 3rd Panel of the Court ratifies the need of an expert’s evidence in order to verify unfair competition arising from trade dress infringement.
The decision was rendered in connection with the special appeal No. 1.353.451-MG, and the Reporter Justice Marco Aurélio Bellizze explained that “the confusion that characterizes unfair competition is a matter of fact, subject to a technical examination, to determine the market in which the product or service is placed, and the consequence of the entrance of a new product in the competition, in order to verify the unpredictability of the anticompetitive behavior through the market’s point of view”.