Partner Philippe Bhering contributed with comments to Valor Econômico Newspaper’s report about the decision of the Sao Paulo State Court of Appeals (TJSP) that ruled in favor of luxury brand Louboutin.

According to Philippe Bhering, the decision is relevant for the fashion industry, as it reinforces the understanding that its creations are also subject to trade dress protection and that a full copy of the creation is not necessary for the violation to be admitted.

The report at issue also mentions the landmark case involving fashion creations and protection via trade dress in Brazil, filed by Bhering Advogados on behalf of the French company BONPOINT SAS, which was decided in 2008 and constituted the first case in court to recognize protection of fashion creations via trade dress. The Defendant, a Brazilian company, was then prohibited to manufacture and sell children’s clothes in similar style as those manufactured and sold by BONPOINT SAS.

The full article can be read (in Portuguese) here

 

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