Hot Topic – The use of personal data in Brazil
The Brazilian Senate approved the Bill of Law No. 53/2018, which aims to regulate the use, protection and transfer of personal data in Brazil. The Bill of Law was already approved by the House of Representatives and is now pending presidential approval. According to the Bill of Law, companies will only be able to collect (...)
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Hot Topic – About unauthorized use of an individual’s name and image (likeness)
According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the unauthorized use of an individual’s name and image (likeness) automatically results in damages. In this case, the Brazilian television show host Luciano Huck filed a lawsuit against a construction company due to the unauthorized use of his name in an advertising (...)
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Hot Topic – Collective management of copyrights
The Brazilian Ministry of Culture announced that it will qualify entities that represent professionals of the audiovisual sector, such as authors, actors, actresses and directors, for the collective management of their copyrights. According to the Ministry of Culture, in a first stage, they will conduct a legal analysis of the entities. Afterwards, a 30-day public (...)
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Hot Topic – Symbols and trademarks of the Brazilian Soccer Confederation (CBF)
According to a recent decision¹ issued by the 2nd Business Court of Rio de Janeiro, the manufacture, distribution, display and sale of clothing articles, as well as any other product that refers to the symbols and trademarks of the Brazilian Soccer Confederation (CBF), without authorization, constitutes unfair competition and trademark infringement. In this case, CBF (...)
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Hot Topic – Analysis of trademark conflicts
In a recent decision¹, the Superior Court of Justice confirmed the understanding that the analysis of trademark conflicts should also consider the ideological similarity of the marks, under the penalty of consumer confusion or wrongful association. In this case, the owner of the mark “BIGFRAL” filed a nullity lawsuit against registration of the mark “MEGAFRAL”, (...)
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Hot Topic – Hybrid model of collection of the Condencine
The Superior Council of Cinema approved the proposal of a hybrid model of collection of the Contribution for the Development of the National Cinematographic Industry (Condecine), a tax collected from the audiovisual sector, over the Video On Demand service (VoD). According to the proposal, VoD providers may choose to collect the Condecine over the number (...)
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Murta Goyanes Advogados is ranked by the guide IAM Patent 1000 as one of the world’s leading patent firms
The guide IAM Patent 1000 – The World’s Leading Patent Professionals 2018 recognizes Murta Goyanes Advogados as one of the world’s leading patent firms and highlights the team´s “excellent advice and high-quality work”. To identify the key patent lawyers and law firms, the IAM analysts conduct each year extensive research and interviews with professionals from (...)
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Hot Topic – Unfair competition: acquisition of third parties’ trademarks by Google AdWords
In a recent decision¹, the State Court of Rio de Janeiro confirmed its understanding that the acquisition of third parties’ trademarks by Google AdWords constitutes unfair competition and results in civil damages. In this case, the e-commerce company “Groupon” filed a lawsuit against the online travel agency “Hotel Urbano”, due to infringement of its corporate (...)
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