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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 Bidding Process and the Rehabilitation of the Bidder Declared Dishonest

The Bidding Act # 8.666 / 93 - establishes in its Article 87 the sanctions that may be applicable to those who do not comply with the administrative contracts resulting from the bid object.

The Bidding Process and the Rehabilitation of the Bidder Declared DishonestRead Full Article

Data Protection and Privacy and the CPO

Despite the Covid-19 pandemic, which has attracted attention from all over the world, issues related to the personal data protection arouse the interest of many people, especially here in Brazil, due to the force of the LGPD which was postponed by Provisional Measure 959 on April 29, 2020 to May 3, 2021.

Data Protection and Privacy and the CPORead Full Article

Data Privacy Law and the Impact on the Health Care Area

On the afternoon of July 22nd, a webinar was held, ‘‘Data Privacy Law (LGPD) and the Impact on the Health Care Area”, presented by four of our attorneys at law: Alexandre Dalmasso, specialist in compliance with experience in the pharmaceutical industry; Douglas Leite, Flávio Buzanovsky,  and Ricardo Campello specialists in LGPD.

Data Privacy Law and the Impact on the Health Care AreaRead Full Article

New Version of the U.S Foreign Corrupt Practices Act (FCPA) Resource Guide

The US Department of Justice(US DOJ) and the US Securities and ExchangeCommission (SEC) have released a new version of the resourceguide on the US Anti-Corruption Act(FCPA - Foreign Corrupt Practices Act) after 8years since the publication´s first version.

New Version of the U.S Foreign Corrupt Practices Act (FCPA) Resource GuideRead Full Article

Transparency in Emergency Contracts

On the afternoon of July 8th, a webinar was held with the topic ‘‘Transparency in Emergency Contracts”, led by Guilherme France, research coordinator at Transparency International's Anti-Corruption Knowledge Center – Brazil, Alexandre Dalmasso and Ana Luisa Calil, attorneys at law at Licks Attorneys.

Transparency in Emergency ContractsRead Full Article

Use of e-mails

Lots of people are unaware that e-mails already existed when companies still used the electric typewriter. The first email, which is known, was sent in 1971 by Ray Tomlison. And the first email address created is also his: tomlison @ bbn-tenexa.

Use of e-mailsRead Full Article

10 Mistakes that affect a compliance investigation report.

Compliance investigations have increased exponentially, since compliance programs were consolidated in companies globally.

10 Mistakes that affect a compliance investigation report. Read Full Article

What drives good people to do bad things

To reflect on what can make good people do bad things, I will mention two real cases, which occurred during my career.

What drives good people to do bad thingsRead Full Article

TCU AND INTERNATIONAL TRANSPARENCY LAUNCH EMERGENCY CONTRACTING GUIDANCE

In May 2020, the Federal Court of Auditors - TCU, in partnership with the international non-governmental organization Transparency International marked a point in favor of tackling corruption and legal certainty for the federal, state and municipal public managers, by launching a booklet called “Recommendations for Transparency of Emergency Contracts in Response to COVID-19“. The booklet guides those professionals, in face of Act 13,979 / 2020, to adopt accurate and licit practices in the management of public resources in the pandemic scenario.

TCU AND INTERNATIONAL TRANSPARENCY LAUNCH EMERGENCY CONTRACTING GUIDANCERead Full Article

Health Fraud! How does the US government combat this problem

On the afternoon of May 28th, a webinar was held with the topic ‘Health Fraud! How does the US government combat this problem’, led by Alexandre Dalmasso, partner and responsible for the Ethics and Compliance Practice Group.

Health Fraud! How does the US government combat this problemRead Full Article

Data Protection and Privacy Mapping in the World

Currently, according to the UNCTAD - United Nations Conference on Trade and Development, here is the current scenario regarding the regulation of Data Protection and Privacy in the World:

Data Protection and Privacy Mapping in the WorldRead Full Article

European Data Authority - EDPB Publishes Guide With Rules For Consent

The European Data Protection Board (EDPB) issued on May 4, 2020 the Guide 05/2020 with rules applicable to the consent of the personal data, under the Data Protection Law, in force at the European Union - GDPR (General Data Protection Resolution).

European Data Authority - EDPB Publishes Guide With Rules For ConsentRead Full Article

THE UNCERTAINTY OF THE EFFECTIVE DATE OF THE GENERAL DATA PROTECTION LAW – LGPD

The gap between the issuance date of a law and the effective date is called vacatio legis. The reason, in general, for a law not to enter into force on the date of its publication is because the legislator wishes to provide society with time enough to become aware and prepared to respect its content.

THE UNCERTAINTY OF THE EFFECTIVE DATE OF THE GENERAL DATA PROTECTION LAW – LGPDRead Full Article

JOB DESCRIPTION OF A COMPLIANCE OFFICER

The compliance officer is briefly the facilitator in consolidating a culture of compliance within the organization, and should be the first to set an example, with respect to behaviors and attitudes when interacting with internal and external clients.

JOB DESCRIPTION OF A COMPLIANCE OFFICERRead Full Article

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSS

Regardless of whether an employee is hired under an employment contract or just by signing in the employment and social security card, his / her initial duty of loyalty to the company is not challenged, which after all, pays his / her compensation for their services and waits in return for his / her commitment to the development of the corporation's business.

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSSRead Full Article