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News | Trademark infringement violates holder’s identity and justifies moral damages


The Third Panel of the Brazilian Superior Court of Justice (STJ) held applicable indemnity for moral damages to the company that had its trademark copied by another.

According to the decision, trademark infringement violates the essential right to commercial personality of the legitimate holder, by means of the dilution of the product’s identity within consumers. The Panel held that Grafisa Gráfica Zanella and its proprietor must pay R$ 10,000 to Souza Cruz S/A, resulting from the act of printing cigarette papers with the name Frevo, reproducing the trademark Frevo.

Click here for the full text (in Portuguese).

Source: STJ




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