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ARTICLE · 01 JULY 2013

False Association As An Element To Apply The Unfair Competition Doctrine

The decision here analyzed represents an interesting precedent of the State Courts of Rio de Janeiro to begin to see other ways to characterize unfair competition, going beyond the traditional divert of clientele by likelihood of confusion.

BrazilAntitrust/Competition Law

Abstract: This article seeks to analyze a recent decision issued by the Civil State Court of Rio de Janeiro in the Interlocutory Appeal nº 0004394-31.2012.8.19.0000, that, while examining an ex parte injunction pleading formulated by Red Bull, recognized the likelihood of false association by consumers of products bearing considerable resemblances on their respective trade dresses. The decision addressed with precision the elements that lead the Reporting Judge to reverse the first level decision and grant the injunction based on the plausibility of the plaintiff's allegations.

Keywords: Industrial Property - Unfair Competition - False Association – Divert of Clientele - Trade Dress - Brand Dilution

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