TJ/SP denies the right to exclusive use of the name of a historical personality in the denomination of a Masonic lodge

TJ/SP denies the right to exclusive use of the name of a historical personality in the denomination of a Masonic lodge

The State Court of Justice of São Paulo (TJ/SP) upheld a decision that did not recognize the exclusive use of the name of a historical figure by a Masonic lodge. In Freemasonry, specifically, the word lodge is used to define the structure organized by assemblies for periodic meetings and rituals of its members. The lawsuit questioned the existence of two lodges that used the name “Rangel Pestana” in their names.

The plaintiff filed a lawsuit for unfair competition arguing that the defendant used, without authorization, the name “Rangel Pestana” to identify its store, a name already used by the plaintiff to identify its establishment. The claimant also argued that the defendant impersonated the plaintiff, using the historical data relating to the creation of the plaintiff store, disclosing it as if it were its own to official bodies and the Masonic public, causing confusion.

According to the decision, the term “Rangel Pestana” cannot be considered the exclusive use of the plaintiff, as it refers to a civil name of a historical personality – Francisco Rangel Pestana, a journalist and politician who signed the 1870 Republican Manifesto and was one of the first representatives of the State of São Paulo in the Federal Senate. It was also argued that the name of a civil association (such as Masonic lodges) is not to be confused with the official name for the purposes of exclusive protection equivalent to that given to the corporate name. The judgment also stated that there is no way to establish strict and absolute protection for the name of a religious entity, such as a Masonic lodge.

Regarding the use of the plaintiff’s historical data constituting unfair competition, the ruling noted that case law does not recognize the incidence of competition discipline rules in a religious context, since no economic activity is carried out. The rapporteur of the decision, Judge Fortes Barbosa, pointed out that “faith is not a product and its propagation, dissemination and worship are not services to be made available on the market, from which it follows that the practice of acts of competition per se cannot be seen”.

The decision can be accessed via the link: Apelação Cível nº 1009919-55.2021.8.26.0100

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