Cases de Sucesso

Unfair Competition

A multinational American department store chain uncovered the fact that one of their competitors was using their slogans and marketing strategies. This took place immediately after the competitor hired one of its former employees. Since this American company was setting up their operation in Rio de Janeiro, it was a strategic imperative that this unfair competitor’s behavior be blocked. If not, there would be a substantial loss of commercial adva...

Patent Nullity

A French manufacturing group of household appliances had its patent for a hair dryer and a hair straightener annulled. A competitor demanded a judicial order for annulment of the granted patent. The allegation was that those products were not invented. What is a patent nullity action? It is a legal process aimed at declaring that the administrative act of the Brazilian Patent and Trademark Office - INPI, which granted the patent, is null, because...

Patent and Trademark Infringement

A French Manufacturing Group of home appliances had its patent for a hair dryer and hair straightener infringed by a competitor. This competitor was selling the same product as the French Group, under its own distinct brand. The third party (competitor mentioned above) took a case to court claiming no infraction. The French Group rejected this case as well through a judicial countersuit claiming that their patent had been infringed by unauthorize...

Parasitic Exploitation

A world leading French industry of distilled beverages and wines, owner of a famous brand of Swedish vodka, had its registered trademark imitated to identify parties held in the city of Rio de Janeiro. The use of such celebrated beverage trademark (such as the Swedish brand) to distinguish parties or events was clearly an attempt at parasitic exploitation. The Swedish company is constantly linked to artistic and fashion events, through vast sums ...

Trade Dress

A world leading French company in the industry of distilled beverages and wine, owner of a famous Swedish vodka brand, faced ‘trade dress’ imitation of its product’s image by unauthorized third parties. The French National Court issued a judicial order declaring that the regional counterfeit manufacturer of vodka stop selling their products using bottling shapes and labeling identical to or near identical to the Swedish vodka. By imitating the sh...

Trade Dress

Typosquatting

A multinational American department store chain had a registered website in Brazil (.com.br). This website was copied by reproduction of its name through the addition of a repeated letter (Typo), constituting ‘typosquatting’. This was done by a Brazilian citizen intending to attract the clients from the registered site of the American company in Brazil. What is typosquatting? Inspired by the word ‘typo’ - which means misspelt, typosquatting is a ...

Parallel Import and Trademark Counterfeit

An internationally Cuban company, leader in the cigar market, sued several Brazilian companies for commercializing cigars on the Brazilian market, which were supplied by sources unauthorized to supply in Brazil. The Cuban company sued the suppliers for commercializing products which evaded taxes. Tax evasion is a crime and, in this case, refers to the evasion of import, export or sales taxes. The authorized distributor verified that around 90% of...

Cases de Sucesso

Unfair Competition

Patent Nullity

Patent and Trademark Infringement

Parasitic Exploitation

Trade Dress

Trade Dress

Typosquatting

Parallel Import and Trademark Counterfeit

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