Editor’s Note 2
By João Marcelo de Lima Assafim
Diagnosis of Delay in the Brand Protection Process in Brazil and its Consequences for Business Marketing 3
By Maria Clara Dias Carneiro da Cunha
This article aims at analyzing the delay in the process of trademark protection in Brazil by two sets of major actors in such process: the Intellectual Property firms and the National Institute of Intellectual Property – INPI itself.
Keywords: Intellectual Property – trademarks – corporate marketing
Setting Objective Criteria for Determining Distinctiveness in Product Trade Dress Conflicts 16
By Cristiane Manzueto
This article aims to introduce objective criteria for examining the distinctiveness requirement in the conflicts involving Trade Dress of products, with the purpose to uncover the problem caused by the strong subjective criteria present in court decisions, proposing the establishment of objective criteria for the determination of the distinctiveness (original or secondary) that may guide future judgments involving trade dress of products.
Keywords: trade dress – distinctiveness – objective criteria
What are Position Marks? 25
By Kone Prieto Furtunato Cesário
This article addresses the issue of nontraditional trademarks, especially the position trademark, tracing the nature, concept, notions, requirements so that a visually perceptible signal can be considered a position trademark. In addition to briefly addressing some legal issues and cases involving this type of trademark.
Keywords: new trademarks – position trademarks – consumer – distinctiveness – Functionality
The Economic Relevance of the Brand and the Suppression of Unfair Competition 34
By Luiz Eduardo Cardoso e Maria Cecília Gonçalves Kayal
This article’s purpose is to demonstrate the importance of protecting the goodwill generated by a trademark against the acts of unfair competition practiced by other market agents.
Keywords: goodwill – trademark – unfair competition
Review and Revaluation of Evidence at the Headquarters of a Special Appeal in Intellectual Property Cases 44
By Fernanda da Cunha Paranhos
This article addresses the dichotomy between the revision and the revaluation of the evidence that, in some cases, should be assessed by the Superior Court of Justice. The study of this dichotomy is essential when it comes to Intellectual Property, since there are cases in which the mistaken evaluation of the submitted proof by the Courts has led to the maintenance of situations in which there is a violation of some type of right related to this field of Law.
Keywords: special appeal – Intellectual Property – evidence – reevalution – reexamination – digest 7
Opinion: Risk of Misuse of the KONI Trademark, as a Trademark and as a Noun, and of the Characterization of Crime against Trademark Registration and Unfair Competition 52
By Deborah Portilho
Legal opinion regarding the risks of the undue use of the KONI brand, both as a trademark and as a noun, and the characterization of crime against trademark registrations and unfair competition by non-authorized third parties.
Keywords: KONI – genericism – genericide – genericness – distinctiveness – use as a noun – unfair competition
“UberPop” and “UberBlack” and European Justice 68
By Karin Grau-Kuntz
Keywords: EU – free movement of services – unfair competition