Hot Topic – The Brazilian Superior Court of Justice rendered a decision binding lower courts in analogous cases involving trade unfair competition
On December 13, 2017, the Brazilian Superior Court of Justice rendered a decision binding lower courts in analogous cases involving trade dress disputes, unfair competition and nullity of trademark registrations.
The Court confirmed that State Courts hold jurisdiction over disputes about trade dress of products, unfair competition and other related matters, since they do not involve registrations granted by the Brazilian PTO and, therefore, do not affect the interests of this governmental entity. On the other hand, Federal Courts hold jurisdiction to grant injunctions to cease use of a registered mark in nullity lawsuits.
Special Appeal No. 1.527.232/SP