TJ-SP allows Meta Platforms to use its brand again in Brazil
Posted: Tue Jan 21, 2025 5:03 am
On March 15, Meta Platforms, formerly known as Facebook, managed to suspend the decision of the Regional Federal Court of the 2nd Region (TRF-2) . The decision prohibited the American company from using the registrations of the “nominative and mixed” brands acquired between 2021 and 2023 in Brazil.
Understand the problem of Meta Platforms in Brazil
The parent company of Facebook, Instagram and WhatsApp, Meta Platforms, tried to acquire six other brands with the same name, but all were denied by the courts.
Federal judge Flavio Oliveira Lucas stated that the consistent similarity between the malaysia phone number library brands and the affinity of the services, in addition to the fact that they identify each other, constitute a violation of the rights of the original owner of the brand registration.
Since Meta Brasil registered the brand before Meta Platforms, the judge decided that the Brazilian company has the right to protection.
Case update
However, on March 15, Judge Heraldo de Oliveira Silva, of the Court of Justice of São Paulo, decided that, until the National Institute of Industrial Property (INPI) carries out the examination and admissibility or the case is judged, Meta Brasil has no right to brand protection.
He argued that he saw no evidence of harm or risk to the lawsuit. He also mentioned that the American Meta tried to reach an agreement with the Brazilian company, but was unsuccessful. He also suggested that the previous decision banning the use of the trademark could be reversed in a higher court.
Understand the problem of Meta Platforms in Brazil
The parent company of Facebook, Instagram and WhatsApp, Meta Platforms, tried to acquire six other brands with the same name, but all were denied by the courts.
Federal judge Flavio Oliveira Lucas stated that the consistent similarity between the malaysia phone number library brands and the affinity of the services, in addition to the fact that they identify each other, constitute a violation of the rights of the original owner of the brand registration.
Since Meta Brasil registered the brand before Meta Platforms, the judge decided that the Brazilian company has the right to protection.
Case update
However, on March 15, Judge Heraldo de Oliveira Silva, of the Court of Justice of São Paulo, decided that, until the National Institute of Industrial Property (INPI) carries out the examination and admissibility or the case is judged, Meta Brasil has no right to brand protection.
He argued that he saw no evidence of harm or risk to the lawsuit. He also mentioned that the American Meta tried to reach an agreement with the Brazilian company, but was unsuccessful. He also suggested that the previous decision banning the use of the trademark could be reversed in a higher court.