Tag Archives: Superior Court of Justice

ILN Today Post

Business name precedence is not enough to void trademark

The 3rd Panel of the Superior Court of Justice (STJ) rejected a special appeal filed by a company active in the chocolate manufacturing and marketing sector in Santa Catarina that was intended to prevent another São Paulo company from using the distinctive sign “FRANZ” as a trademark in the meat and dairy sector.

The company from Santa Catarina, constituted in 1995, sought the annulment of the trademark “FRANZ ALIMENTOS”, owned by the São Paulo company, established only in 1996, alleging the previous business name and the existence of the right of precedence of its exclusive use expression “FRANZ” in its segment.

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Court Appointed Receiver Liable to pay Substantial Indemnity Costs

Earlier this year ( June 9th ), I wrote about a case in which the Court of Appeal for Ontario set aside “breathtakingly broad” receivership orders that put in place an “investigative receivership”.  This month, the court released its ruling on costs arising from its decision. See Akagi v. Synergy Group (2000) Inc. 2015 ONCA 771. 
On the appeal, the court  had set aside ex parte orders issued by Justice Colin Campbell of the Superior Court of Justice (Commercial List).  The court concluded that the orders appointing the receiver stood “on a fundamentally flawed premise” and were “unjustifiably overreaching in the powers they granted”.  
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