Contributors: Rafael Lacaz Amaral and Rafael Salomão S.
R. Aguillar, Kasznar Leonardos Intellectual Property, Rio de
Janeiro, Brazil
Verifier: Flavia Mansur Murad Schaal, Mansur Murad
Advogados, São Paulo, Brazil
Mr. Amaral and Ms. Murad Schaal are members of the INTA Bulletins
Law & Practice—Latin America Subcommittee.
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In a decision published on March 3, 2017, the 4th Chamber of the
Brazilian Superior Court of Justice provided the criteria to decide
cases in which identical marks are registered by different owners
as domain names and trademarks (Recurso Especial nº.
1466212).
Brazil's registry of domain names is fully independent from the
National Institute of Industrial Property (INPI) and Brazilian Law
follows the principle of "first to file" for both domain
names and trademark registration. This inevitably raises the
question of which one shall prevail when there is a conflict
between parallel registrations of the same sign.
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