Post by account_disabled on Mar 13, 2024 3:40:55 GMT -5
A recipe that contains shrimp, rice, peas, ham, mozzarella cheese and straw potatoes became the epicenter of a legal battle between a restaurant chain and a small local business in Ceará. This is “international shrimp”, a dish that is a success at the Coco Bambu chain and which is also sold by Espaço Gostoso Restaurante.
Dish of shrimp, rice, peas, ham, mozzarella and straw is the subject of legal dispute
Reproduction
The restaurant chain accuses the Ceará B2B Lead space of unfair competition, brand plagiarism and copying a dish. Coco Bambu Pizzaria Ltda. evokes its exclusive right to serve it on a rectangular platter.
To support the notification, the complainant alleges a violation of trade dress ( characteristics of the visual appearance of a product or its packaging) .
Espaço Gostoso claims that it received an extrajudicial notification establishing a 72-hour deadline for it to remove any mention of the dish on its social networks and menu, so that it is prevented from offering the culinary delicacy to its customers, under penalty of a fine. of R$2 million.
In return, the notified party sent a counter-notification regarding her free right to produce the culinary dish and sell it in her restaurant, as well as publicize it on her social networks; that the Industrial Property Law has no application to culinary dishes and that the defendant does not present in the notification the supposed patent on the dish he created. The business also filed a request for injunctive relief.
When analyzing the case, judge Lucimeire Godeiro Costa, from the 21st Civil Court of the District of Fortaleza, decided to reject the anticipatory request for protection. The judge highlighted that the extrajudicial notification sent by Coco Bambu is for informational purposes only.
"Furthermore, the promoted party does not have the power to impose fines and it appears that the granting of the measure ordering the party to refrain from 'sending any communication or notification regarding the sale of culinary dishes to the author', has no basis in the legal system. legal country."
In view of this, the judge pointed out that the requirements listed in article 300 of the Code of Civil Procedure were not demonstrated and considered the rejection of the anticipatory claim mandatory.
Finally, the judge ordered both parties to appear at a hearing at the Judicial Center for Conflict Resolution of the Clóvis Beviláqua Forum. Espaço Gostoso Restaurante was represented by lawyers Frederico Cortez and Erivelto Gonçalves .