The “Ivete Clareou” tour, made by the famous Brazilian singer Ivete Sangalo as a tribute to samba and to the memory of fellow singer Clara Nunes, has become the subject of debate in the field of trademark rights after being challenged by the band Grupo Clareou.
Mrs. Erika Marchetto Alhadas, partner at Araripe Advogados, in an interview for the television program Domingo Espetacular, detailed the controversy surrounding the tour. To begin with, it is important to note that one of the band’s members is the holder of the trademark registration for “Grupo Clareou” and its variations before the Brazilian Patent and Trademark Office (BPTO) since 2015 and, based on his exclusive rights, contested the use of the expression “Clareou” in the artistic field without his authorization.
Founded in 2009, Grupo Clareou developed its musical activity in samba and pagode. In 2010 and 2012, the member Gilson Jorge Teixeira Júnior filed trademark applications for “Grupo Clareou” before the BPTO, in its word and word & device form, respectively, obtaining registration in 2015, without exclusive rights to the term “Grupo”.
With the announcement of the tour and the beginning of ticket sales, the band alleged that the use of the term “Clareou” by Ivete and her production company occurred improperly, without authorization from the rightful holder of the trademark rights for such services.
However, in response, the company Super Sounds emphasized that the use is legitimate, as the registration applies exclusively to the expression “Grupo Clareou” and not to the word “Clareou” in isolation. It also argued that “Clareou” is a common term in the Portuguese language, derived from the verb clarear, and frequently used in Brazilian samba works — thus not subject to restricted exclusivity.
Although the parties attempted an agreement, the band considered the financial terms unfeasible and ended the negotiations. It is worth emphasizing that, in the artistic context, the use of the term “Clareou” acquires a distinctive nature: it is not a generic term applied to products like bleach, but rather an expression that, within the musical environment, identifies a well-recognized brand.
If no agreement is reached, Grupo Clareou may resort to the Judiciary to request that third parties operating in the same segment refrain from using the trademark, on the grounds of potential confusion or undue association. The case highlights the importance of protecting trademarks developed in cultural sectors, with attention to consistent use and the recognition acquired in the market.