AmBev will no longer be able to prevent Petrópolis to use red beer can

The Superior Court denied yesterday (9/12) application of Ambev, which wanted to prevent competitor Petrópolis Brewery using the red color on the cans of beer Itaipava. The earlier decision, which has just been revised, prevented the manufacturer use the color of the product.
The facts discussed in action refer to 2011. At the time, Itaipava launched a promotional white Tin, which made reference to the Stock Car. Shortly thereafter the Brahma changed the color of its red cans and, two months later, Itaipava changed did the same. Ambev claimed then that the competitor has adopted the Red to confuse consumers.
The Court of Justice of Rio de Janeiro upheld the request of Ambev, condemning the Itaipava to pay compensation for moral damages of $ 200,000, plus compensation for material damage, to be calculated in the future.
In the judgment of the Supreme Court, however, the agreement was another. To the Rapporteur of the action, Minister João Otávio de Noronha, by means of the process the Ambev would be trying to protect the red color as a trademark. "Nobody gets in the gondola of the supermarket to buy beer from red, white or blue color," he said.
With the victory, Petrópolis brewery will enter with new action, according to Cristiane Brito Keys, the company's lawyer. This time, you will be asked the compensation for the losses caused by the recoil of the Red cans in 2011.