The 1st Reserved Chamber of Business Law of the São Paulo Court of Justice (TJSP) rejected a claim of trademark misuse in a lawsuit filed by a pizzeria in the capital against a similar establishment in Sorocaba.
Published 7 months ago · crime, law and justice
Reading time: 21s · Source 66s · · globo.com
Sentiment: · · ·- The court unanimously ruled against the claim of trademark misuse.
- The defendant has used the disputed brand 'Micheluccio' since 1994 without opposition, despite the franchisor's registration expiring in 2013.
- The plaintiff registered the name in 2016 but was aware of the defendant's use since 2017 and did not take action for six years.
- The ruling emphasized the long-term, good-faith use of the brand by the defendant and the lack of evidence of consumer confusion or harm to the plaintiff.
- Geographical distance between the two establishments contributed to the decision, allowing for coexistence of both brands.
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Analyses of the article
SENTIMENT
The article presents an objective account of a court ruling without expressing any positive or negative bias.
IMPACT
Short
The ruling has immediate implications for the parties involved, but its broader impact on the market or industry may take time to materialize.
RELEVANCE
Moderate
The case is of moderate importance as it pertains to trademark law and business practices, relevant mainly to the businesses involved and similar entities.
STAKEHOLDER
businesses
The article primarily discusses the legal outcome affecting the businesses involved in the trademark dispute.