Friday, February 15, 2013

Bombril gets victory against copying packing by Sany

The Sany Brazil's industry and Commerce of cleaning products was prohibited by Law from selling steel wool with name and packaging similar to those of Bombril. The decision was taken by the Superior Court of Justice (STJ) after the analysis of a proposed action by the Bombril. The Court condemned the Sany to pay damages, which will be stipulated in the future. In case of violation of judicial measure the company should pay a daily fine of 10 thousand dollars.
According to the decision of the Court of Justice of São Paulo (TJ-SP), who had also condemned the Sany, the company produced steel wool called Sanybril. The products were marketed in red and yellow packaging, as the steel wool.
By caution, says the lawyer of Sany of Brazil, Eduardo Pacheco, was given orientation to the Sany failed to produce the steel wool. The steel wool of Sany is not disclosed on the company's website, however, the name Sany Bril is found in the product Prevents mold.
The first-degree decision had determined that the aft abstained to produce, import and market the products marked by trademarks Bril and brightness, as well as make in packaging brand or form of presentation that confuse with products of Bombril. The judge found that the products have the same purpose, packaging and names similar to steel wool.
The lawyer of Sany of Brazil, Eduardo Pacheco, says that the company obtained a favorable decision in the FEDERAL COURT of APPEAL in proceedings concerning the validity of the records "Good", "Pine Bril Bril", "Brill" and "Bril". In a decision last November, Judge John Jack Neto decided that the marks could coexist with "Sany Bril", since both have record in the INPI.
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