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“Starbucks” vs. “Starbuds” Case and the Concern for Intellectual Property Assets

October 3, 2024

2024

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On June 28, 2024, Starbucks Corporation, a company focused on the food sector, particularly coffee-based products, filed a lawsuit in the US District Court for the Southern District of New York against Brandpat, LLC. Brandpat operates in the market as Starbuds Flowers and focuses on cannabis products. This legal action followed unsuccessful attempts at an out-of-court settlement. The central issue of the case involves the infringement of Starbucks Corporation’s trademark and copyright15, 16, 17 e 18, as well as its distinctive signs. among which the following stand out, which are protected in the United States by copyright and trademarks.

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D'LINEA and DELINIA case: Leroy Merlin's Trademark Registration Declared Null for Imitating that of a Rio Grande do Sul Company's

September 20, 2024

2024

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In a dispute over the validity of the DELINIA trademark, the 3rd Panel of the Brazilian Superior Court of Justice upheld a lower court's decision, declaring the trademark registration null. The trademark was owned by Groupe Adeo and used to identify Leroy Merlin's line of built-in furniture. Reporting Justice Nancy Andrighi noted in her ruling that the DELINIA trademark, registered in 2010 and used by Leroy Merlin, bore a strong graphic and phonetic resemblance to the earlier D'LINEA trademark, which belongs to the Rio Grande do Sul company D'LINEA INDÚSTRIA E COMÉRCIO DE MÓVEIS LTDA.

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“Dungeons and Dragons” vs. “Dungeons and Drag Queens” Case and Parody in Trademark Law

September 9, 2024

2024

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In an ongoing case before the United States Patent and Trademark Office (USPTO), Wizards of the Coast LLC, owner of the trademark rights associated with the well-known role-playing game “Dungeons and Dragons,” filed an opposition on August 9, 2024, against the trademark application for “Dungeons and Drag Queens”. The company argues that there is a likelihood of consumer confusion, error, or deception, as well as dilution of the Dungeons and Dragons trademark  and  . Notably, the “Dungeons and Drag Queens” trademark is used to identify a show where drag queens play Dungeons and Dragons,  making this case a compelling example of parody in trademark law.

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Via S/A and Magazine Luiza case: use of trademarks in sponsored links

September 5, 2024

2024

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VIA S/A, responsible for the Casas Bahia and Ponto Frio chains, filed a lawsuit against MAGAZINE LUIZA S/A, seeking to refrain from using its registered trademarks “CASAS BAHIA” and “PONTO FRIO” in sponsored links on the GOOGLE ADS tool and compensation for material and moral damages.

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The “Língua de Gato” case: trademark or synonym for product?

August 19, 2024

2024

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In recent weeks, the news about the loss of exclusivity of the “Língua de Gato” trademark has caused a great deal of buzz and raised many questions among chocolate lovers. After all, did Kopenhagen lose its rights to the “Língua de Gato” trademark?

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“Big Mac” vs. “Supermac's” and the Risk of Abandonment for Trademark Registration Owners

August 12, 2024

2024

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In a case involving the dispute between the trademarks “Big Mac” and “Supermac's” in the European Union, the Irish company Supermac's (Holdings) Ltd. applied in 2017 for the abandonment of registration #626381,  for the trademark “Big Mac”, owned by McDonald's International Property Co. Ltd, on the grounds of non-use.

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Copyright – The Case of Nizan Guanaes v. Stalo Produções Artísticas and Universal Music and the Brazilian Superior Court of Justice’s decision in favor of studios

July 8, 2024

2024

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In a decision issued on May 27, 2024, the 4th panel of the Brazilian Superior Court of Justice (STJ) upheld the Rio de Janeiro Court of Appeals’ (TJ/RJ) decision that recognized the validity of the copyright assignment agreement signed between the composer Nizan Guanaes (assignor) and Stalo Produções Artísticas (assignee). The case entails the rights to the song “We Are the World of Carnaval”, which Stalo Produções later transferred to Universal Music.

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Suppression of Counterfeiting: The protection of IP in the Soccer Industry and lessons from UEFA Euro 2024

June 26, 2024

2024

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With the start of UEFA Euro 2024, as with other large-scale events, there is a notable increase in economic activity related to the event itself and other associated activities, such as product trading. Likewise, greater attention is needed regarding issues involving the protection and violation of intellectual property rights.

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ABOUT US

Licks Attorneys Trademark's Blog provides regular and insightful updates about Trademarks and related matters. The posts are authored by the members of the Trademark Team. Licks Attorneys is a top tier Brazilian law firm, recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

The right of the subject to access their personal data and the nightmare this creates for businesses

The General Data Protection Law (LGPD) – Law 13.709 / 2018 – was designed to standardize the protection of personal data handled by third parties (individuals, companies, or the government) for commercial purposes.

The right of the subject to access their personal data and the nightmare this creates for businessesRead Full Article

Drugmaker launches litigation against the US government to enable co-payments

According to Reuters, Pfizer Inc. filed a lawsuit on June 26, 2020, to make it possible to help beneficiaries of the federal healthcare program - Medicare - pay for two drugs to treat a rare and sometimes fatal heart disease, and that cost $225,000 a year.

Drugmaker launches litigation against the US government to enable co-paymentsRead Full Article

Corruption and the criminal liability of companies

Corruption is a topic that always attracts the attention of the media and society.  In some ways, it resembles a kind of metastatic societal cancer, in which a cell released into the bloodstream may burst like a new tumor, anytime, anywhere.

Corruption and the criminal liability of companiesRead Full Article

ABNT Security Certification Diverges from the European Authority's Position on Privacy and Data Protection

A TV commercial recently broadcast to promote a vehicle hire application informed viewers that it was the first and only company in the sector security certified by the Brazilian Association of Technical Standards (ABNT).

ABNT Security Certification Diverges from the European Authority's Position on Privacy and Data ProtectionRead Full Article

Risk assessment - Is yours up to date?

Is your risk assessment up to date?  This is a question that should regularly be asked within any financial institution.  Unfortunately, in most cases, the answer is postponed or even ignored, up until the moment when a government agent needs to evaluate that company's compliance program.

Risk assessment - Is yours up to date?Read Full Article

United States government announces largest healthcare and opioid enforcement action in history

The US Department of Justice (USDOJ) announced a historic nationwide enforcement action against healthcare fraud.  This unprecedented initiative involves 345 charged defendants in 51 federal districts, including more than 100 doctors, nurses, and other licensed medical professionals.

United States government announces largest healthcare and opioid enforcement action in historyRead Full Article

Compliance in the financial market

Ordinance BACEN 3,978 of January 23, 2020, which was created for the purpose of regulating the policy, procedures and internal controls to be adopted by institutions authorized to operate by the Central Bank of Brazil (BACEN) with a view to preventing the use of financial system for the practice of crimes of “laundering” or concealment of assets, rights and values, as set out in Law 9,613, of March 3, 1998, and of terrorism financing, provided for in Law 13,260, of December 16, March 2016, would come into force on July 1, 2020. However, Ordinance BACEN 4,005, dated April 16, 2020, changed the effective date to October 1, 2020.

Compliance in the financial marketRead Full Article

The role of the European Union's Data Protection Officer (Encarregado)

The position of ‘Data Protection Officer’ – established initially under the terms of the EU’s General Data Protection Regulation (GDPR) – has been imported into Brazil’s equivalent General Data Protection Law (LGDP) with the slightly peculiar title of  “Encarregado.”

The role of the European Union's Data Protection Officer (Encarregado)Read Full Article

Rules to protect whistleblowers in the European Union

In April 2018, the European Union launched a proposal to create a Directive standardizing whistleblower protection rules and clarifying the proper protection to be given to those reporting a company's misconduct.

Rules to protect whistleblowers in the European UnionRead Full Article

The concept of the foreign public official under the Usa's Foreign Corrupt Practices Act

The definition of the 'foreign public official,' according to the USA's anti-corruption law – the Foreign Corrupt Practices Act (FCPA) – has always been a sui generis aspect of the regulation, considering its breadth in comparison with similar standards in other countries.

The concept of the foreign public official under the Usa's Foreign Corrupt Practices ActRead Full Article

The principles of the General Data Protection Law - LGDP

The General Data Protection Law (LGPD), Law 13,709 of August 14, 2018, was enacted after the president's sanction, on September 18, 2020,  converting the Provisional Measure 959/2020 into law, and regulating the protection of personal data of individuals, with a level of detail never before achieved by any other local law.

The principles of the General Data Protection Law - LGDPRead Full Article

FCPA Review 2019

On the afternoon of August 27th, webinar ‘FCPA Review 2019’ was presented by partner Alexandre Dalmasso.

FCPA Review 2019Read Full Article

LGPD – Lessons learned from the European GDPR

On the afternoon of August 25th, webinar ‘LGPD – Lessons learned from the European GDPR’ was presented by three of our attorneys at law: Alexandre Dalmasso, partner; Douglas Leite and Flávio Buzanovsky, specialists in LGPD.

LGPD – Lessons learned from the European GDPRRead Full Article

The French Anti-Corruption Agency - Gifts and entertainment guide - AFA

The French Anti-Corruption Agency - AFA published, approximately 1 year ago, a guide on gifts and entertainment in order to guide companies, foundations and associations to establish safe rules on this topic.

The French Anti-Corruption Agency - Gifts and entertainment guide - AFARead Full Article

Understand the Leniency Agreement

The Brazilian Anti-corruption Act # 12.846 of August 1, 2013, known abroad as the “Clean Company Act”, brought an important instrument to assist authorities in investigating and prospecting evidence, called a leniency agreement.

Understand the Leniency AgreementRead Full Article