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New Legislation makes it a crime to register a trademark with the sole purpose of selling it

Bill 2496/24 establishes a penalty of 1 to 3 months of detention or a fine for anyone registering a trademark, even without developing a related economic activity, to sell this right to other companies. The text amends the Industrial Property Law and is being analyzed by the Chamber of Deputies.

According to the author, Congressman Helder Salomão (PT-ES), there are numerous cases of individuals and companies who apply for a trademark registration to the National Institute of Industrial Property (INPI) simply to, at a later date, sell the right to use it to companies that already use the trademark to provide a service or sell goods.

“Such fraud causes several setbacks to those who already exercise, in good faith, but without registration, an economic activity using the trademark,” argues Salomão.

According to Salomão, the bill’s purpose is to allow those harmed to take legal action to avoid harm to their rights.

Next steps

The Industry, Commerce, and Services Committee and the Constitution and Justice and Citizenship Committee will analyze the proposal. The Plenary will then analyze it. To become law, the text must be approved by the Chamber of Deputies and the Senate.

Source: Agência Câmara

Use of the Brazilian singer Tim Maia's chorus on T-shirt print violates copyright
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Use of the Brazilian singer Tim Maia’s chorus on T-shirt print violates copyright

The paraphrased use of words that appear in the choruses of Tim Maia’s songs on T-shirts without prior authorization constitutes undue appropriation of a work for commercial exploitation. It generates the obligation to pay compensation for copyright infringement.

The 3rd Panel of the Superior Court of Justice reached this conclusion in a unique appeal. The singer’s estate, which filed the action against the fashion label Reserva, died in 1998.

One of the contested prints has the inscription “Guaraná & Suco de Caju & Goiabada & Sobremesa,” taken from the excerpt “Tomo guaraná, suco de caju, goiabada para sobremesa” (I drink guaraná, caju‘s juice, goiabada for dessert) from the song “Do Leme ao Pontal,” released by Tim Maia in 1986.

The ordinary courts concluded that the singer’s rights had been violated and ruled that the lawsuit was admissible. They prohibited the sale of T-shirts with the inscription and ordered the company to pay R$15,000 in moral damages and material damages to be determined.

The 3rd Panel of the Court upheld the ruling but changed how material damages were calculated. The rapporteur for the case, Justice Marco Aurélio Bellizze, explained that the trademark’s conduct led to the improper sale of T-shirts with reproductions of musical works.

“The prints go beyond a mere reference to the author’s works, as they are copies of the lyrics of the songs, with the simple addition of the connector ‘&,’ which constitutes an undue appropriation of a work for commercial exploitation,” said the judge.

Low compensation

Minister Bellizze also concluded that obtaining material damages based on the amount received by the trademark from the profits from the improper marketing of the T-shirts is not enough to punish the conduct and discourage copyright infringement.

The artist’s association with a certain trademark without due authorization may represent an endorsement of a thought that does not coincide with the singer’s perception, linking him to the brand without his approval.

For the rapporteur, the conduct allows the company to have a greater advantage since, by associating itself with Tim Maia’s image, it can increase the value of its trademark and the sales of other products.

Therefore, he determined that the compensation would consist of the total amount obtained from the sales plus all the losses from Tim Maia’s estate.

In other words, Reserva will have to pay the singer’s family all the money it raised from the sale of the products and all the amount that should have been paid in a possible contract authorizing the use of the work on clothing items. The amount will be collected in settlement of the judgment.

Source: Conjur

Protect Your Creative Works with Tavares IP

In light of the recent ruling by Brazil’s Superior Court of Justice, which highlights the severe implications of unauthorized use of copyrighted material, ensuring your intellectual property is adequately protected is crucial. The court’s decision underscores how even a seemingly minor infringement—like the unapproved use of song lyrics on merchandise—can have significant legal and financial consequences.

At Tavares IP, we specialize in safeguarding your creative assets against misappropriations. Our expert team provides comprehensive copyright services, including registration, enforcement, and litigation support to ensure your works are not exploited without your consent.

Don’t wait for a dispute to arise. Contact Tavares IP today by clicking here to secure your intellectual property and avoid costly legal battles. Reach out now to protect what you’ve worked so hard to create.

GI
News

BPTO holds pre-launch of National Directory to Combat GI Counterfeiting

To reinforce the protection of Geographical Indications (GIs) in Brazil, the Brazilian Patent and Trademark Office (BPTO) held the pre-launch of the National Directory to Combat GI Counterfeiting and the existing Directory for trademarks on August 28.

Learn more

The Directory is a digital platform that seeks to support producers and service providers throughout the country in the face of counterfeits that cause losses to national entrepreneurs, mislead consumers, and undermine the recognized quality of Brazilian GIs.

The platform functions as a strategic information center for access by Brazilian police and inspection forces, based on a partnership between BPTO and the National Council for Combating Piracy (CNCP) of the Ministry of Justice. The service will be free of charge.

BPTO will receive information provided by the GIs themselves in the Directory, which will be made available for access by authorities with police powers and consumers, when applicable.

Registration of GIs

With the pre-launch, an exclusive contact channel on the BPTO portal is now available for GIs to register, forward relevant information, and receive guidance from the Institute.

Among the strategic information for combating GI counterfeiting are contact details for the GI’s legal representation, images of original vs. fake products, information on labels, bottling, routes, and licensees, among other details that producers consider necessary to act in the repression and inhibition of crimes against Geographical Indications.

Source: INPI

Protect your Geographical Indications with Tavares IP

Tavares IP is ready to help you navigate the new protection measures and take advantage of the opportunities offered by the new National Directory. With our intellectual property expertise and in-depth knowledge of Brazilian regulations, we ensure that your GIs are adequately protected against counterfeiting and rights infringement.

Contact us today for expert guidance and to ensure maximum protection.

Talk to our experts.