Edition: 185 | Month: July | August | Year: 2023
6
Editor note’s
By Laetitia d’Hanens and Maitê Cecilia Fabbri Moro
7
The distinctive power of the Matterhorn mountain image (or the “Toblerone mountain”)
By Alberto Ribeiro de Almeida
Indirect indications of source can have a relevant market value and be an instrument of competition among companies. The truth principle and the fairness of competition (deceit can allow gains in the conquest of customers) require that a change on the place of production by the owners of a trademark may require that the registered trademark has to be modified, omitting the reference to the indirect indication of source, otherwise the trademark may be classified as misleading, unless, in the market, the trademark has acquired another meaning (of an indication of corporate origin – and that would be the main meaning to overcome deception) in addition to the original meaning (of indication of geographical origin).
Keywords: Trademarks. Indirect indications of source. Misleading trademarks. Secondary meaning.
28
The requirement of reversibility of preliminary injunction in Intellectual Property legal actions
By Bruno Cardoso Niehues
Intellectual property aims to protect the illicit long before the damage. Thus, when counterfeiting is taking place, it is already too late, since the first objective of the right was disrespected by the author of the violation. In order to effectively repress said conduct, emerge, at Courts, urgent relief ways, specifically preliminary injunction, which, for its approval, must pass through legal filters, among them the possibility of reversal to the status quo of the parties, perhaps the injunction is revoked in the future, an assumption that, in practice, often prevents the granting of the injunction by the judge, even in the face of an acquired right of ownership.
Keywords: Intellectual Property. Civil Procedure. Urgent relief. Preliminary injunction. Reversibility.
37
The inequity of the tax matrix as a contributing factor to the consumption of pirated and counterfeit goods in Brazil
By Cleucio Santos Nunes and Dihego Antônio Santana de Oliveira
Taxation is essential for funding the State and its policies. In addition to revenue collection, taxes have extraterritorial effects on society, defined by the tax framework that encompasses systems, principles, and guidelines. This framework seeks to achieve the Republic’s objectives and human dignity, based on key principles: contributive capacity and minimum subsistence. However, Brazil faces challenges of regressivity and inequality in its tax structure, impacting consumption and leading families to choose counterfeit products due to lower prices. This harms intellectual property, trade, and society. Repressive measures at the borders are palliative, but do not resolve the issue unless underlying causes are addressed. Thus, a solution against counterfeiting and piracy requires a complete overhaul of the Brazilian tax framework, redistributing the burden to ensure minimum subsistence for all. This will enable dignified choices and a more effective fight against counterfeit products.
Keywords: Counterfeiting. Piracy. Tax matrix. Tax system. Consumption taxation.
52
AIRFRYER trademark: about the loss of distinctiveness
By Rebeca Bárbara Guimarães and Rita de Cássia Ferreira Meirelles
The article aims to analyze the “Airfryer” trademark distinctiveness. This research has the following structure: trademark main roles and distinctiveness; study of dilution, genericism and genericide phenomena; studing case of “Airfryer” trademark and the distinctiveness loss. Ultimately, the conclusions are concentrated on the socio-environmental and economic impacts for the consumers, trademark owner, competitors and trademark national authority.
Keywords: Distinctiveness. Trademark. Dilution. Genericism. Genericide.