Hot topic – About unfair competition due to trade dress infringement
In deciding Special Appeal No. 1353451-MG, the Brazilian Superior Court of Justice held that denying court expert analysis in a case about unfair competition due to trade dress infringement constitutes limitation of defense and violates due process.
Although a product’s trade dress is not subject to registration, it is protected by means of the legal provisions against unfair competition. According to the Justices, only technical evidence provided by a court expert would be able to demonstrate the possibility of consumer confusion due to similar packaging of goods.
The case was remanded to the lower court to proceed with the expert evidence. The decision is final.