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Rio court prohibits retro shirt manufacturer from using CBF symbols

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發表於 2024-3-16 16:32:37 | 顯示全部樓層 |閱讀模式

A company that improperly uses another's symbol practices unfair competition, as it attracts consumers, induced to think that they are purchasing an original product. With this understanding, judge Maria Christina Berardo Rucker, from the 2nd Business Court of Rio de Janeiro, determined that Liga Retrô immediately stop the manufacture, distribution, exhibition and sale of reproductions of official shirts of the Brazilian football team.


reproduction
CBF argues that its business model is based on granting and licensing the right to brands and symbols to its sponsors, which guarantees them exclusive use of the rights.
reproduction
The company, which specializes in B2B Lead replicas of old team and national team shirts, is accused by the Brazilian Football Confederation of carrying out “ambush marketing”. In the action, CBF argues that its business model is based on granting and licensing the right to trademarks and symbols to its sponsors, which guarantees them exclusive use of the rights.

And he says that Liga Retrô, without any concession or licensing contract, has been using its shields, as well as shapes and colors used on old shirts from past World Cups.

In the decision, the judge highlighted that, by simply analyzing the photos attached to the process, it is possible to see the similarity of the symbols mentioned, as well as the copy of the models used.



“Furthermore, there is proof that the defendant is manufacturing and selling the products in question with reproduction of the symbol, in its shape and color, and layout. Also, there is a risk of irreparable damage, since, on the eve of the World Cup, the Defendant has been improperly using the plaintiff's brand, which can cause confusion among consumers, in addition to unfair competition with those who have a contract. of license with the author, which harms its brand, with diversion of clientele”, he pointed out.

If it fails to comply with the injunction, the company will have to pay a daily fine of R$100,000. A conciliation hearing was scheduled for August 14. With information from the TJ-RJ Press Office.


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