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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

National Data Protection Authority publishes Security Information Guidelines for Small Processing Agents

October 28, 2021 – The National Data Protection Authority (ANPD), which is the regulatory and supervisory body for the protection of personal data in Brazil, has published on October 4, 2021 a new guide called “Information Security Guidelines for Small Processing Agents”.

National Data Protection Authority publishes Security Information Guidelines for Small Processing AgentsRead Full Article

HOW WHISTLEBLOWERS ARE TREATED IN BRAZIL AND IN THE USA

Not many Brazilians are aware that Statute #13,964, of December 24, 2019, emerging from the former Justice Minister Sérgio Moro's anti-crime package, has brought a great innovation that could change the scenery of corruption  and other crimes in Brazil, especially the  "White collar” ones. It amended another Statute, #13,608, by introducing the role of the informer. Introducing protective measures therefor, such as: (i) full protection against retaliation, establishing specific sanctions for those who retaliate; (ii) exemption from civil or criminal liability in relation to a report in good faith; and (iii) identity confidentiality. Furthermore, the Statute provided for a reward of up to 5% of the amount recovered, when information results in recovery of revenue resulting from crimes against the public administration (government).

HOW WHISTLEBLOWERS ARE TREATED IN BRAZIL AND IN THE USARead Full Article

MATCHING THE LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA - THE GREAT EXAMPLE GIVEN BY THE UNITED KINGDOM'S DATA PROTECTION AUTHORITY (ICO)

One of the biggest challenges for a company's adequacy projects to personal data protection's legislation is matching the processing of certain personal data in any legal basis available in the law; depending on the country and, consequently, on its local law, there is not even the possibility of choosing a legal basis for matching, as occurs, for example, in the USA. However, this difficulty affects both Brazil and most European countries.

MATCHING THE LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA - THE GREAT EXAMPLE GIVEN BY THE UNITED KINGDOM'S DATA PROTECTION AUTHORITY (ICO) Read Full Article

GUIDE TO ASSESS THE INTERFERENCE OF FOREIGN COUNTRIES IN PERSONAL DATA PROTECTION

In February 2020, the European Data Protection Board released a recommendation guide on essential guarantees for surveillance measures implemented under the European General Data Protection Regulation – GDPR.

GUIDE TO ASSESS THE INTERFERENCE OF FOREIGN COUNTRIES IN PERSONAL DATA PROTECTIONRead Full Article

FIGHTING CORRUPTION IN ITALY

The fight against corruptionin Italy has always been a great challenge, considering the difficulties inconfronting organized crime, especially the mafia, which has received differentnames depending on the region, such as the Camorra in Naples, the Cosa Nostrain Sicily, and the 'Ndrangheta in Calabria.

FIGHTING CORRUPTION IN ITALYRead Full Article

BRAZILIAN POWER SUPPLY CRISIS AND COMPANY STANCES

Brazil is currently going through the most severe water shortage in the last 91 years, according to CNN. This impacts the power supply crisis, leading to notice after notice  on increases in the consumer's electricity bill, determined by the Brazilian Electricity Regulatory Agency (Aneel), as more expensive energy sources such as thermoelectric plants need to be activated or have their production increased to compensate for the limitations imposed on hydroelectric power plants, as they have no input material.

BRAZILIAN POWER SUPPLY CRISIS AND COMPANY STANCESRead Full Article

LACK OF REGULATION FOR DATA PROTECTION OFFICERS GIVES RISE TO UNCERTAINTIES ON THEIR ROLE

The Brazilian General Data Protection Act (LGPD) entered into force in September 2020, introducing the role of Data Protection Officer (DPO). In the Act, the role is described as the person appointed by the controller and processor to act as a communication channel between the controller, the data subjects and the National Data Protection Authority (ANPD).

LACK OF REGULATION FOR DATA PROTECTION OFFICERS GIVES RISE TO UNCERTAINTIES ON THEIR ROLE Read Full Article

ESG for laymen!

In the corporate world of finance, ESG is “in”. Indeed, ESG is an acronym of three words in English, meaning environmental, social, and governance.

ESG for laymen! Read Full Article

DISCOUNT ON MEDICATION - A SOURCE OF CONCERN FOR THE PHARMACEUTICAL SECTOR

In May 2021, the State of Arkansas in the United States published the HB1709 bill prohibiting manufacturers from offering discount on any product containing insulin, with the exception of the discount provided directly to the end user in the form of a pharmaceutical manufacturer discount coupon and which can be obtained through the National Council for Prescription Drug Programs e-prescribing service.

DISCOUNT ON MEDICATION - A SOURCE OF CONCERN FOR THE PHARMACEUTICAL SECTORRead Full Article

THE LACK OF PROPORTIONALITY IN THE GENERAL DATA PROTECTION LAW

The General Data Protection Law (LGPD) established 10 (ten) principles that must be observed in the activities of processing personal data.

THE LACK OF PROPORTIONALITY IN THE GENERAL DATA PROTECTION LAWRead Full Article

THE COMPLIANCE POLICY FOR FINANCIAL INSTITUTIONS ACCORDING TO THE NATIONAL MONETARY COUNCIL

The National Monetary Council (CMN) has regulated – through the CMN Resolution 4,595, of August 28, 2017 - the compliance policy applicable to financial institutions authorized to operate in Brazil by the Central Bank, but not applicable to consortium administrators and payment institutions.

THE COMPLIANCE POLICY FOR FINANCIAL INSTITUTIONS ACCORDING TO THE NATIONAL MONETARY COUNCILRead Full Article

EUROPEAN BODIES APPROVE JOINT PROPOSAL TO PROHIBIT THE USE OF AI FOR AUTOMATED RECOGNITION

The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) announced on June 21st, 2021 that they have approved a joint opinion on the European Commission's Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI).

EUROPEAN BODIES APPROVE JOINT PROPOSAL TO PROHIBIT THE USE OF AI FOR AUTOMATED RECOGNITIONRead Full Article