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I fhls pr nted art dE may !1ot be protoco')led and 15 for the ej;cUSlve use of Ms I-r ~a Aok' For él I
I' mL.lÍl-dser iicellce 2004 - cC'.,tact Alem "lt1owator +44 20 7234 0606 Ac,; :",dltog2dos p·s ..•o aOvs I
November 17 p ease Brazi í
I Tradem rk owner riumphs n àoma n name dIspute .
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The First Civil Chamber of the Minas Gerais Court of Appeal has ordered Master Credi S/C Ltda to
transfer a domain name containing the name "lago e ducca" to l Rg, D JCC8 ,n<.Ji':sÍi Ia e So" ,ér vil .
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In addition, Master Credi will be liable for a R1 ,000 fine if it does not comply with the court's ruling
and pay damages to Lago.
The court held that, according to the law, the first party to file a trademark with the '='a.e . a "
.•.. ," O, (INPI), or the owner of a registered trademark, is entitled to enjoy ali rights
associated with that registration, including publication of the mark on the Internet.
The decision clarifies that the use of a third party's name or trademark in a domain name without
prior authorization is iIIegal. It also shows that the court will attribute ownership to the first party to
register the trademark with the INPI. However, it is worth noting that the law also extends a
preferential ownership right to any party that has in goOOfaíth been using an identical or similar mark
in Brazil in order to distinguish or certify an identical, similar or related product or service for at least
six months at the date of priority or application.
Erica Aoki, Aoki Advogados Associados, São Paulo
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