Drugstore banned from using brand similar to that of competing chain in DF

TRADE DRESS Drugstore is banned from using a brand similar to that of a competing chain in DF October 24, 2021, 15:59 By Rafa Santos A company that operates in a certain segment and uses the words, colors and images of a competitor already consolidated in the market can lead to consumer confusion and commits unfair competition. Based on this understanding, Judge Ricardo Faustini Bagliol, of the 3rd Civil Court of Ceilândia (DF), ordered a pharmacy located in that region to stop using a figurative brand already related to the Drogarias Pacheco chain at its physical address and on social networks. According to the case file, the drugstore had already been notified to stop using the logo, colors and images that referred to the competitor's trade dress, but it continued to use these elements. "The imitation in this case takes advantage of the investment made over the years to build the drugstore chain's visual identity. This identity, made up of a set of colors, the way images are arranged, messages, sensations and appearance, creates a connection with the consumer and its improper use by third parties can cause confusion among consumers and divert customers," explains lawyer Mariana Valverde, a partner at Moreau Valverde Advogados, the law firm representing Drogaria Pacheco in the lawsuit along with the company's in-house legal team. In addition to granting the preliminary injunction, the magistrate set a deadline of 15 days for the necessary measures to be taken to stop the use of the trademark, under penalty of a daily fine of R$500, limited to R$15,000. Click here to read decision 0714375-52.2021.8.07.0003