Lawsuit involving conflicts with an already registered trademark. Our firm assisted the client in filing a lawsuit to compel a local company to cease the marketing of bags and clothes for children, copying the trade dress and copyright of our client’s famous collection of products.
Successful litigation strategy: After a complex litigation procedure, in which a technical expert was appointed by the Court to establish the level of resemblance between the products and risk of confusion, our firm obtained a decision recognizing the unfair competition acts from the Counterparty and ordering them to immediately cease the commercialization of the similar products and pay damages.
High impact for client: It represents an upturn in our client’s situation which consisted of decades of losses to counterfeiters and unfaithful competitors, as well as enabling them to take important commercial decisions in Brazil.
Latest development. The lawsuit is currently at the appeal level.
The significance, impact and/or outcome: This is a complex litigation procedure and a landmark case, as it is the one of the first and, thus far, successful, civil cases of enforcing the trade dress of controllers in a preliminary injunction decision.