News

The 3rd Civil Court of the City of Florianópolis1 partially granted a preliminary injunction preventing the creation of new franchises under the mark CALZOON until a final decision on the controversy is issued in the case. The lawsuit was filed by the owner of the trademark “Mini Kalzone”, claiming that the stores franchised under the (...)

The company KIPLING APPAREL CORP. (“Kipling”) filed a lawsuit against VVT MODAS COMÉRCIO, IMPORTAÇÃO E EXPORTAÇÃO LTDA (“VVT”), seeking that it refrained from manufacturing, stocking, marketing, disclosing and using, for any reason, the bags, backpacks and wallet of the “Vivatti” model that, supposedly, would violate the trade dress of the plaintiff’s products. The lower court (...)

The Superior Court of Justice (STJ)1 affirmed the condemnation of the company Oi S.A. and the city government of São Borja for the unauthorized use of photos of the city’s landmarks on phone cards. The was filed in 2013 by an Argentine photographer against the unauthorized commercial use of his photographs in February 2002. STJ (...)

In an IP Snippet published on Inta Bulletin, our partner Luiza Duarte addresses the topic: “BRAZIL: Possible Application for Positional Marks” Read more: https://www.inta.org/perspectives/brazil-inpi-assesses-possibility-of-application-for-positional-marks/

Considering the impact of the COVID-19 pandemic in the audiovisual sector, ANCINE Board of Directors unanimously decided on the possibility of exhibiting audiovisual cinematographic works financed by the Audiovisual Sectoral Fund (FSA) in exhibitions and festivals on digital platforms, without this screening being considered a commercial release. In this regard, the Board of Directors emphasized (...)

In an administrative proceeding, the BrazilianPTOinvalidatedthe registration of the composite mark “São Lourenço da Serra”, based on the anticipation of the composite marks “São Lourenço”, which covered  the same services of bottling of mineral water.The lower court affirmed the Brazilian PTO’s understanding and the plaintiff was ordered to cease use of the mark “São Lourenço (...)

The Brazilian PTO informed that, as from September 15, 2020, joint ownership of trademark applications or registrations will be possible. It will also be possible to add co-owners to existing applications or registrations, through the recordal of assignments. In order to make joint ownership feasible, different areas of the Brazilian PTO were involved to ensure compliance with the Industrial Property Law, and establish procedures, adaptations of systems, new wording (...)

On August 28, 2020, the Brazilian National Film Agency (ANCINE) placed under public consultation the Regulatory Notice which addresses the regulation of Article 27 of the Provisional Measure No. 2.228-01, of 2001. This provision establishes the possibility of exhibiting audiovisual works funded through public incentive funds, after ten years of the works’ commercial release, in (...)