The 9th edition of our Intellectual Property newsletter is now out. In this publication, you can find the following articles:
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House of Representatives discusses impacts of AI on intellectual property
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Court of Justice of São Paulo recognizes that shoe with red soles is a trademark owned by Christian Louboutin
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Ford wins lawsuit involving $105 million trade secret violation
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US judge rules in favor of Yuga Labs in a recent trademark lawsuit
Additionally, our team points out updates from the public inquiry held by the Brazilian Patent and Trademark Office (BPTO), including national and international trademark infringements. Below, we provide a summary of each article.
BPTO holds public inquiry related to patent filing
The Federal Official Journal published the Public Inquiry of the Brazilian Patent and Trademark Office (BPTO) regarding the new Normative Ordinance, which provides general rules on the filing of patent applications and certificates of addition. Some articles of the new ordinance are related to priority, grace period, divisional applications, and introduction of amendments.
2023 BPTO’s Action Plan
The BPTO has recently unveiled its Action Plan for 2023, outlining ambitious goals and projects and having as main purpose to enhance the efficiency and effectiveness of the patent and trademark registration system in Brazil and, thus, accelerate and improve the process of analysis. For that purpose, the BPTO plans to enhance training programs and implement digital tools and platforms.
Trademark infringement of trademark “Leite de Rosas” by court decision
In a lawsuit filed by the owner of trademark “Leite de Rosas” – a traditional brand of deodorants, astringents, soaps, moisturizers, and powder – against the owner of trademark “Leite de Arroz e Rosas,” the trial court recognized trademark infringement and unfair competition due to the imitation of trade dress.
Justice recognizes trademark misuse of homemade ice cream from Minas Gerais
In March 2023, the 16th Specialized Civil Chamber of Minas Gerais Court of Justice recognized the trademark rights of the traditional homemade ice cream "Picolé do Amado," owned by Dalmir Vieira. In May 2017, the entrepreneur found out that his trademark was being used without his authorization by a third party who was selling replicas of Dalmir Vieira’s products in Belo Horizonte, claiming to represent a branch of Dalmir’s establishment in São João del-Rei.
Katy Perry loses trademark court case
In late April 2023, American singer Katy Perry lost a trademark court case with an Australian designer who sells clothes under her birth name and trademark registration "Katie Perry" since 2008. In 2019, Katie sued the singer claiming that the sale of clothing during her 2014 tour in Australia infringed her trademark registration, and recently, the Australian federal court has confirmed the trademark infringement.
Jack Daniels sues dog toy company
Jack Daniels went before the Supreme Court of the United States of America against a company called VIP Products, which was selling dog toys in formats similar to whiskey bottles. Jack Daniels alleged infringement of its trademark rights. The toy would be a parody of Jack Daniels product and made jokes related to dog feces, which could damage Jack Daniels’ reputation.
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