Post by account_disabled on Mar 12, 2024 9:11:50 GMT
The entry of a third party into an action to which he is not a party as a simple assistant depends on an interest linked to the existence of a legal relationship directly with the person assisted. This interest cannot be merely economic in the result or benefit of the situation.
Reproduction/Vigor
Vigor's action challenges Inpi's decision that denied three-dimensional registration of yogurt packaging, precisely which motivated unfair competition action
Reproduction/Vigor
With this understanding, the 3rd Panel Portugal Mobile Number List of the Superior Court of Justice denied the entry of Danone and Frimesa as assistants to the National Institute of Industrial Property (Inpi) in a process in which its competitor Vigor challenges the administrative decision that denied the three-dimensional registration of a package of yogurt.
The two companies expected to act in the process because, in an independent action, they are being sued for unfair competition precisely because they sell yogurt in containers that resemble the three-dimensional brand used by Vigor.
Thus, Vigor's eventual success in registering the three-dimensional trademark will serve as a starting point for characterizing unfair competition. According to the companies, this will affect their argumentative and evidentiary burden. The entry was rejected by the Federal Regional Court of the 2nd Region, in a decision maintained by a narrow majority in the STJ.
The dissenting vote of minister Nancy Andrighi prevailed, followed by ministers Ricardo Villas Bôas Cueva and Paulo de Tarso Sanseverino. For them, Danone and Frimesa do not even point out the legal relationships maintained with Inpi that may be affected by the judgment of the action, limiting themselves to suggesting that the results of other demands could be influenced by the judgment of this one.
Disclosure
Merely economic interest does not justify the entry of Vigor's competitors to help INPI, says minister Nancy
Disclosure
“The intention to use packaging in a specific format only demonstrates that there is an economic-commercial interest on the part of the applicants, as they will have to bear, if they are defeated in the action, the costs related to changing the design of the pots that package the yogurts that they sell, or the application for a use license”, highlighted Minister Nancy.
Furthermore, the result of one action will not interfere with the others. Firstly, because the exclusivity of using Vigor's three-dimensional brand does not depend on whether or not Danone and Frimesa engage in unfair competition. Secondly, because an unfair competition action has already had a ruling without the record discussed in this claim or its absence being used as a basis by the judge.