Puma Wins Brazilian Court Case on Unfair Competition and Trademark Misuse
The São Paulo State Court of Justice (TJSP) has ruled in favor of Puma in a case involving unfair competition and trademark infringement, strengthening legal protection for well-known trademarks in Brazil.
The dispute began when Puma filed a lawsuit against Kezo, a local apparel manufacturer, for using a feline logo similar to Puma’s globally recognized trademark. The German company argued that such use created a likelihood of confusion and unfair association with its well-established identity.
At first instance, Kezo was ordered to refrain from using the feline logo in isolation, being allowed to use only the mixed mark that includes the name “Kezo.” The court also awarded moral damages of BRL 5,000. Both parties appealed.
On appeal, Justice Sérgio Seiji Shimura, the reporting judge, found that Kezo had indeed used the figurative element separately, constituting unfair competition, particularly considering Puma’s high-repute status.
“The isolated use of distinctive elements from mixed marks, especially when they resemble well-known trademarks, constitutes unfair competition, with presumed moral and material damages,” noted the judge.
The appellate panel upheld the violation of trademark rights, increased the damages to BRL 20,000, and maintained the prohibition against Kezo’s use of the disputed logo.
This ruling reinforces the strong legal protection granted to well-known trademarks in Brazil under Article 125 of the Industrial Property Law (LPI), which prohibits third-party use of such marks in any commercial field, even outside direct competition.










