The Brazilian Judiciary remains sensitive to cases of piracy and unfair competition during the pandemic

Before, the consumer's journey corresponded to the following steps: viewing a product's advertisement in a magazine, going to the store, and, from there, making its purchase. Currently, we can say that this procedure has been counting on digital transformation.

Especially at the pandemic established by COVID-19, the consumer's journey is being put into practice over the internet, and, from this moment, the product is reaching the consumer.

It just so happens that piracy and unfair competition have not been intimidated by this situation and are also trying to follow the same path.

The good news is that our Intellectual Property team, from Siqueira Castro Advogados, is working remotely and counting on the speedy of the Judiciary at this time to eliminate this kind of illegality.

Last week, we obtained a favorable decision for our client so that a certain website was obligated to immediately abstain from selling unlicensed t-shirts, which were being advertised and commercialized online, under penalty of a fine. Also, we have been authorized to send the order to the Defendant by digital means, to quickly guarantee its effectiveness.

It is important to highlight that the decision was based on Resolution No. 313 (National Council of Justice - March/2020) and the Joint Communiqué No. 37/2020 (Court of Justice of the State of Sao Paulo).

Author : Ornella Nasser, Associate

Company requests "CoronaVírus" trademark application before the BPTO

It was presented before the Brazilian Patent and Trademark Office, on March 2nd, 2020, an application for the registration of the TM "CoronaVírus", application which has in fact already been published by the Office.

The situation brings a certain strangeness and curiosity with respect to the possibility (or not) of requesting TM registrations which names are diseases' names.

It is important to highlight that the absence of a legal prohibition, in this case, allows any interested party to request such TM registration. For instance, the BPTO holds record of existing TM registration which names contain references to several diseases, such as dengue, hepatitis and HIV, normally related to treatments, preventions and associations for fighting the illnesses in subject.

Author : Aline Pimenta Passos, Associate

Débora Moura de Mattos, Associate

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