Arquivos do Mês: June 2023

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The 3rd panel of The Superior Court of Justice of Brazil (STJ) began to judge whether there is trademark infringement and unfair competition for parasitic use on behalf of the luxury shopping center “Vogue Square Life Experience” by reproducing the known brand “Vogue”. The trial was interrupted at the request of Minister Nancy Andrighi for asking access to the case docket.

In this case, the owner of the Vogue brand appealed against a decision rejecting a trademark violation and unfair competition action. They pointed out that the interpretation of the industrial property law by the TJ/RJ was mistaken, as it would be undisputed in the legal system that confusion by association also constitutes an illegal act.

The State Court stated in the decision that the name of a shopping center would not be a trademark and that the infringement would only occur in the event that the consumer purchases a product thinking it is the other, that is, in cases of direct confusion.

The rapporteur, Minister Marco Bellizze, emphasized in his vote that there is no restriction of defense in the judgment of the case without the production of evidence requested by the party when duly demonstrated by the origin instances that the process was duly instructed.

He went on to argue that the protection of the trademark, whether highly renowned or not, seeks to avoid confusion or association of a registered trademark with another, being essential that the violation of trademark law causes confusion in the consumer public or erroneous association to the detriment of its holder.

According to the minister, STJ case law defines that “the names attributed to buildings and real estate developments do not enjoy exclusivity, it is common for them to receive the same name, these names, therefore, do not qualify products or services, they only confer a name for the purpose to individualize the good”.

“In the case of the records, the real estate development consists of offices, stores, hotel, gym, and convention center, so that the possibility of misleading consumers, the characterization of parasitic competition or the obfuscation of the brand of the author, mainly because the establishments located there retain their original names, without any connection to products or services of the Vogue brand.”

So he met and disproved the resource. After the vote, Minister Nancy Andrighi asked for a view.

Process: REsp 1,874,635

Source: Migalhas

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Agents from the Police Station for the Repression of Crimes Against Immaterial Property (DRCPIM) carried out a large-scale operation, uncovering a scheme involving counterfeiting and illegal marketing of CNG (Natural Gas Vehicular) cylinders and valves. The authorities’ incisive action aimed to ensure consumer safety and protect industrial property.

The person responsible for the establishment where the counterfeited goods were found was taken to the DRCPIM, where he will clarify the origin of the counterfeit products sold. Initially, he will face charges related to crimes against industrial property and consumer relations.

Using these counterfeit products in vehicles represents an imminent danger to everyone’s lives. The poor quality of the material used in these CNG cylinders and valves significantly increases the risk of catastrophic explosions.

Counterfeiting and illegal trade harm consumers and companies that invest in the research and development of quality products. In addition, using these counterfeit materials puts the lives of all users of vehicles equipped with CNG at risk.

The report warns of the seriousness of this crime and the importance of reporting any suspicious activity related to counterfeiting. The safety and integrity of consumers are at stake, and a concerted effort is needed to combat criminal practices.

Keep following our articles on the TPI Blog. Together, we can guarantee the safety and quality of our daily products.

Check out some photos of this case on our Instagram by clicking here.

Source: Civil Police of Rio de Janeiro

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Apple may have trouble naming its new Vision Pro mixed reality headset. That’s because Huawei registered the brand long before the Cupertino company.

According to data collected from China’s intellectual protection agency, Huawei requested “Vision Pro” registration in May 2019. That is, about four years ago, something that prevents Apple from starting a dispute over the brand as it happens here in Brazil by the name iPhone.

Huawei’s trademark received registration number 38242888, giving the company the exclusive right to exploit the trademark until December 31, 2031. The Huawei trademark also designates augmented reality devices, virtual reality glasses, radio devices, and more.

As Apple’s glasses have the same characteristics as the name registered by Huawei, everything indicates that the US company will have to use another trademark for its glasses in China.

There are chances that Apple will try to negotiate with Huawei for the right to use the Vision Pro name in China, but that depends on the payment of royalties.

Despite the minor problem in China, Apple can use the name “Vision Pro” in the global market since Huawei’s trademark is valid only in China.

That’s because the company sells products like Smart TVs and even smart glasses that use the name “Vision” on”Chines” soil, something that may have prevented the trademark from being registered in other countries.

Source: Tudocelular

Due to privacy violations, the United States Federal Trade Commission (FTC) closed two settlements with Amazon totaling $30.8 million.

In the first case, former employees of Ring, the smart doorbell company acquired by Amazon in 2018, spied on and viewed videos taken by customers without their consent. The lawsuit filed by the FTC was for $5.8 million to pay consumers reimbursement.

The second complaint, worth $5 million, alleged the violation of children’s privacy rights when it did not delete the voice recordings made by the personal assistant Alexa at the parents’ request and kept them longer than necessary.

The COPPA Rule requires, among other things, that an operator of a commercial website or online service targeted at children under the age of 13 notify parents of information it collects from children, obtain parental consent for the collection of that data, and allow the delete this information at any time. In addition, such service is prohibited from retaining information collected from children under 13 for longer than is reasonably necessary to provide the service.

“Illegally retained voice recordings provided Amazon with a valuable database to train the Alexa algorithm to understand children, benefiting its results at the expense of children’s privacy,” the FTC said.

These settlements are the agency’s latest effort to hold big tech companies accountable for policies that put profits ahead of privacy. In a statement, Amazon responded: “While we disagree with the FTC’s allegations regarding Alexa and Ring and deny violating the law, these settlements put those issues behind us.”

Source: Startupi

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World Environment Day is celebrated this Monday (5), and each year, the day has a specific theme that serves as a central focus for activities and initiatives around the world. In 2023, the theme will focus on solutions for plastic pollution, and according to experts, they will start with consumer choices.

According to data from the United Nations (UN), more than 400 million tons of plastic are produced yearly by the world’s population, half of which is designed to be used only once and less than 10% recycled.

However, a report by the United Nations Environment Program (UNEP) points out that plastic pollution can be reduced by 80% by 2040 if countries and companies make profound policy and market changes using existing technologies.

According to the United Nations Environment Program (UNEP) report, to reduce plastic pollution by 80% worldwide by 2040, eliminating problematic and unnecessary plastics is necessary to reduce the size of the problem. The document calls for three changes in the market:

Reuse

Promoting reuse options such as refillable bottles, bulk dispensers, escrow schemes, and take-back schemes could reduce plastic pollution by 30% by 2040. To realize its potential, governments must help create business models more solid for reusable ones.

Recycle

Reducing plastic pollution by 20% by 2040 could be possible if recycling becomes more stable and profitable. Removing fossil fuel subsidies, applying packaging design guidelines to improve recycling, and other measures can increase the share of economically recyclable plastics from 21% to 50%.

Reorient and diversify

According to UNEP, carefully replacing plastic packaging, sachets, and takeaway packaging with products made from alternative materials, such as paper or compostable materials, can provide an additional 17% reduction in plastic pollution.

Source: G1

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If you’re a movie fan, you’ve surely noticed that, in recent years, films about the real history of some brands are increasingly gaining ground. With a great cast and good scripts, feature films about intellectual properties are being highly praised by critics and becoming a success among moviegoers.

‘Air’

With an all-star cast, the film tells the story of the creation of the Air Jordan, the shoe made by Nike, especially for the then-rookie basketball player Michael Jordan. The plot shows the negotiations between the sports company’s competitors, Adidas and Converse, and how specialists in the field convinced the basketball player’s mother to believe in the project.

‘BlackBerry’

Based on the book “Losing The Signal”, the film shows the beginning, rise, and fall of one of the companies that dominated the telephone market at the beginning of the century. Who didn’t want to have a BlackBerry?

‘Flamin’ Hot’

Perhaps the most unusual idea on our list is the movie “Super Picante”, which tells the story of the spicy version of the Cheetos snack. The screenplay is also based on a book, “A Boy, a Burrito and a Cookie: From Janitor to Executive”, by Richard Montañez, a janitor claiming he is the cookie’s inventor.

‘The Founder’

One of the films, if not the most known on our list, stars Michael Keaton and shows the story of how a small, fast food store in the middle of the United States, which became the largest chain of ready-to-eat meals on the planet, the McDonald’s.

‘Tetris’

Games are on the rise in Hollywood, so much so that “Tetris” tells the story of manufacturing and the legal battle to release one of the most famous games in video game history. The film stars Taron Egerton.

Source: Gshow