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Court of Appeals denounces company for unfair competition in sponsored announcements

The São Paulo Court of Justice (TJ-SP) upheld the judgment of a lower court judge who ordered a company to pay $ 15,000 for diverting its competitor’s clientele through the purchase of sponsored links from Google.

The First Instance Judge had emphasized that the expressions used to identify the products and services marketed by the plaintiff would not be in common use, which would make them unique and distinctive in their market segment. Thus, the company, by associating the author’s expressions with his e-mail address, would be unduly benefiting from the author’s reputation and reputation to attract attention to his products and services, which would constitute a practice of unfair competition.

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