{"id":3131,"date":"2005-11-08T00:00:00","date_gmt":"2005-11-08T02:00:00","guid":{"rendered":"https:\/\/ids.org.br\/novo-site\/en\/bordeaux-gi-defeats-bordeaux-mark\/"},"modified":"2005-11-08T00:00:00","modified_gmt":"2005-11-08T02:00:00","slug":"bordeaux-gi-defeats-bordeaux-mark","status":"publish","type":"post","link":"https:\/\/ids.org.br\/en\/bordeaux-gi-defeats-bordeaux-mark\/","title":{"rendered":"BORDEAUX GI defeats BORDEAUX mark"},"content":{"rendered":"

In a majority decision, the Brazilian Federal Court of Appeals for the Second Circuit has cancelled two registrations for the word and design mark BORDEAUX for buffet services, and ice and cooling substances owned by Bordeaux Buffet SA (Case 96-0224177-2, August 30 2005).<\/span><\/span><\/span><\/p>\n

The first instance court had rejected the French <\/span><\/span><\/span>Institute for Designations of Origin for Wines and Spirits’<\/span><\/span><\/a><\/span> application to cancel the marks. The appellate court reversed that decision. It held that the use of the name Bordeaux was unjustified – even though it was for products and services different from those covered by the geographical indication (GI) BORDEAUX (ie, wines).<\/span><\/span><\/span><\/p>\n

The court reasoned that:<\/span><\/span><\/span><\/p>\n


\n<\/span><\/span><\/span><\/div>\n
    \n
  • Bordeaux is one of the best known wine regions in the world; <\/span><\/span><\/span>
    \n <\/span><\/span><\/span><\/li>\n<\/ul>\n
      \n
    • buffet services are related to wine products, such as Bordeaux wine, and ice and cooling substances are associated with beverages; and <\/span><\/span><\/span>
      \n <\/span><\/span><\/span><\/li>\n<\/ul>\n
        \n
      • the use of the GI had not been authorized. <\/span><\/span><\/span><\/li>\n<\/ul>\n
        Therefore, the court reasoned, Bordeaux Buffet’s use of the mark BORDEAUX to identify its goods and services was a misappropriation of the reputation of the BORDEAUX GI.<\/span><\/span><\/span><\/p>\n

        Although the decision was based on the rules of the Brazilian Industrial Property Code of 1971, this kind of misappropriation of the reputation of famous GIs is also prohibited under several sections of the current Industrial Property Law, including Item IX of Section 124, which prohibits the registration as a mark of:<\/span><\/span><\/span><\/div>\n


        \n<\/span><\/span><\/span><\/div>\n
          \n
        • GIs; <\/span><\/span><\/span>
          \n <\/span><\/span><\/span><\/li>\n<\/ul>\n
            \n
          • imitations of GIs that are likely to cause confusion; or <\/span><\/span><\/span>
            \n <\/span><\/span><\/span><\/li>\n<\/ul>\n
              \n
            • signs that can falsely suggest a GI. <\/span><\/span><\/span><\/li>\n<\/ul>\n
              The decision may still be appealed.<\/span><\/span><\/span><\/div>\n

               <\/p>\n","protected":false},"excerpt":{"rendered":"

              In a majority decision, the Brazilian Federal Court of Appeals for the Second Circuit has cancelled two registrations for the word and design mark BORDEAUX for buffet services, and ice and cooling substances owned by Bordeaux Buffet SA (Case 96-0224177-2, August 30 2005). The first instance court had rejected the French Institute for Designations of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[119],"tags":[137],"acf":[],"_links":{"self":[{"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/posts\/3131"}],"collection":[{"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/comments?post=3131"}],"version-history":[{"count":0,"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/posts\/3131\/revisions"}],"wp:attachment":[{"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/media?parent=3131"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/categories?post=3131"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ids.org.br\/en\/wp-json\/wp\/v2\/tags?post=3131"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}