Fonte: Dr. Marcos Serra Netto Fioravanti e Dr. Luis de Carvalho

Arquivo Siqueira Castro - Advogados
Fonte: Dr. Marcos Serra Netto Fioravanti e Dr. Luis de Carvalho
Cascaldi
Siqueira Castro wins beverage trademark appeal
Thursday, 14 May 2015 (2 hours ago) by Lulu Rumsey
Siqueira Castro Advogados has helped AmBev obtain a favourable court of appeal ruling
allowing the Brazilian brewer to continue selling a brand of non-alcoholic beer after a competitor
accused the drinks company of trademark violation.
The São Paulo State Court of Appeal ruled that AmBev could continue to sell its Líber beer
brand, rejecting a claim from Passarin Bebidas that the beer violated its trademark to produce
its own brand of Líder cider.
Beverage company Passarin is believed to be working with Oliveira Prado Marcas e Patentes, a
São Paulo-based IP boutique, but this could not be confirmed before publication.
Passarin claimed that the similar spelling of the two brands, and the fact that they are often sold
by the same establishments, meant they could be mistaken for each other. It first brought the
claim at a lower instance court back in 2013.
In a ruling on 10 April, the appeals court said that consumers can distinguish between the two
products largely because Líber beer does not contain alcohol, while Líder cider does, and that
the brands have different target consumers.
The decision is subject to further appeal.
In 2005 AmBev won an IP battle against Peruvian brewery Backus and Johnston over a bottle
design with the help of Peruvian firms Estudio Echecopar member firm of Baker & McKenzie
International, Bullard Falla Ezcurra and Estudio Monroy Abogados and Magalhães e Dias
Advocacia in Brazil.
Counsel to AmBev
Siqueira Castro Advogados
Partner Marcos Serra Netto Fioravanti and associate Luis de Carvalho Cascaldi
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