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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

Standardization and cost of stem cell Treatments in Brazil

Recently, a judge in the State of California, United States, rendered a decision ruling that the Food and Drug Administration cannot regulate stem cell treatments as a medicine. Such a decision generated controversy, as there are other decisions that consider cell therapies as medicines regardless of their nature.

Standardization and cost of stem cell Treatments in BrazilRead Full Article

Cookies remain in use, FLoC dies, Topics is born!

Since the GDPR (EU General Data Protection Regulation) came into force on May 25, 2018, the internet search giant Google, which belongs to Alphabet, started to internally and intensively work not only to adapt itself to the GDPR, but also to create tools that mitigate the misuse of personal information from third parties. Such an effort was not just a privilege of Google, but also of companies that develop internet browsers such as Safari and Mozilla Firefox,  which began to offer the option of blocking third-party cookies in their software.

Cookies remain in use, FLoC dies, Topics is born!Read Full Article

Research institutes and conflicts of interest

After the first round of elections in Brazil on October 2, 2022, which elected some governors, senators, federal and state deputies, the research institutes are the big stars among the fierce dispute over the presidency of the Republic. Research institutes managed to get the attention of society, which was, until then, debating whether the electronic voting machines were reliable or not, since, for some, they would be non-auditable; whereas for others, they would be safe as they do not even have internet connection.

Research institutes and conflicts of interestRead Full Article

ANS' role is now Exemplary once again by Law. Read here what this means

Last Wednesday (September 21), the press trumpeted the enactment of a new law, especially the G1 news outlet, informing that healthcare providers are obliged to cover treatments outside the list of the Brazilian Supplementary Health Agency (ANS).

This is another chapter in the fierce dispute between providers and patients, mediated by the authorities. Healthcare providers claim an imbalance in their financial health, while patients denounce lack of coverage and excessive costs in their assistance.

ANS' role is now Exemplary once again by Law. Read here what this meansRead Full Article

The ANPD Opens a Public Consultation on High-Risk Personal Data Processing

On January 27, 2022, the Brazilian Data Protection Authority (ANPD) edited Rule CD/ANPD #2 to regulate the application of the  Brazilian Data Privacy Act, (LGPD), Statute #13,709/2018 to small processing agents: micro-enterprises, small businesses, startups, legal entities governed by private law, including non-profits, as per the legislation in force, as well as natural persons and depersonalized private entities that process personal data, assuming typical controller or processor obligations.

The ANPD Opens a Public Consultation on High-Risk Personal Data ProcessingRead Full Article

What is Brazil missing in the fight against corruption?

Corruption is definitely not an evil that only plagues Brazil but absolutely all countries without exception, to a greater or lesser extent. The existence of corruptors presupposes the existence of corrupts and vice versa. Therefore, focusing on fighting corruption at both extremes is essential, otherwise the effort may be in vain.

What is Brazil missing in the fight against corruption?Read Full Article

In the US, Directors and Chief Compliance Officers will need to provide Certification

In March of this year, Assistant Attorney General Kenneth Polite, from the Criminal Division of the United States Justice Department, made a speech for his colleagues. The contents of this speech are still unknown to many executives and professionals in the legal and compliance areas, but has brought a very interesting new obligation:

In the US, Directors and Chief Compliance Officers will need to provide CertificationRead Full Article

Brazilian Federal Pharmacy Council regulates the practice of Telepharmacy

On July 20, 2022, the Brazilian Federal Pharmacy Council (CFF) published Rule #727/2022, meeting a pressing need in the sector, with the rampant advancement of technology, by regulating the practice of Telepharmacy in Brazil.

Brazilian Federal Pharmacy Council regulates the practice of TelepharmacyRead Full Article

Italy issues new Transparency Law in Healthcare Sector

The interaction between the pharmaceutical and the medical devices industries and doctors has always been reason of concern for the authorities and the population, due to the potential conflict of interests that can be established with the concession of advantages given by the industry, in form of scientific support, gifts, meals, etc… which could interfere especially in the doctor's judgment in choosing the best treatment for their patient.

Italy issues new Transparency Law in Healthcare SectorRead Full Article

The Ultimate Guide to Data Leakage

The Brazilian Computer Emergency Response Team (CERT.br) from the Brazilian Network Information Center (NIC.br) – which is the executive branch of the Brazilian Internet Steering Committee (CGI.br) – has been in charge of dealing with security incidents involving networks connected to the Internet in Brazil since 1997. With the collaboration of Brazilian Data Protection Authority (ANPD), they have published the Guide to Data Leakage with the purpose of guiding people on the potential risks of data processing in digital environments.

The Ultimate Guide to Data LeakageRead Full Article

Regulation of the Overindebtedness Act is Approved

On July 1, 2021, Statute #14,181, also known as the Overindebtedness Act, was approved. It amended the Brazilian Consumer Protection Code and the Brazilian Elderly Bill of Rights with the purpose of protecting individuals who, in good faith, contracted debts above their ability to pay and without compromising their social minimum, with the exception of consumers of luxury items, which are not protected.

Regulation of the Overindebtedness Act is ApprovedRead Full Article

When Integrity Counts

A lot is said about integrity, but examples of its practice are not always seen on a daily basis. Conversely, there are controversial situations in which actions that could be considered ethical are questionable due to their results.

When Integrity CountsRead Full Article

Items required for the Compliance Program are changed by New Regulation

The Brazilian government edited Decree #11,129 on this Monday, July 11, 2022, updating the regulation of the Brazilian Anti-Corruption Act (Statute #12,846 of August 1, 2013) and bringing some changes to the content of Decree #8,420 of March 18, 2015, which was responsible for such regulation.

Items required for the Compliance Program are changed by New RegulationRead Full Article

Brazilian Comptroller General Launches a Handbook for Handling Conflicts of Interest

The Office of the Comptroller General (CGU) announced on June 4, 2022, the release of its newest document: the Handbook for Handling Conflicts of Interest.

Brazilian Comptroller General Launches a Handbook for Handling Conflicts of InterestRead Full Article

Sexual harassment complaints at CEF and the integrity program

On June 29, 2022, several media outlets, including the Isto É Dinheiro magazine, published revelations that, despite the political capitalization by the government's opponents, brought to light a worrying threat to the effectiveness of the integrity programs implemented in the various government entities.

Sexual harassment complaints at CEF and the integrity programRead Full Article