According the decision of Rio Grande do Sul State, Brazil Court a violation of trademark and visual set (trade dress) can result in unfair competition and lawsuit with obligation of not to do, including indemnification.
EXTRACT: CIVIL APPEAL. WITH OBLIGATION OF NOT TO DO, INCLUDING INDEMNIFICATION. INDUSTRIAL PROPERTY. VIOLATION OF TRADEMARK AND VISUAL SET (TRADE DRESS).
UNFAIR COMPETITION
1. The imitation of visual set from trademark registered, still that without reproduction of word element of “Ipiranga” trademark to identify establishment of fuel trade, characterize violation of trademark right and practice of unfair competition. Clear is the objective of taking clients and confusion between the consumer public. Reformed sentence, in the point.
2. Reparation of damages Hypothesis in which the author part demonstrated legal basis and specifications of application, not knowing whether the application has material or imaterial damage. Art. 282, IV e V of Brazilian Civil Process Code.
César A. Leão Barcellos & Cia.Ltd.
