Protection and enforcement of intellectual property rights (IPR) is a set of legal tools made available by the legal system. IPR’s sole purpose is to provide effective judicial protection and solve trademark conflicts. Trademark enforcement tools are divided into three different types, which are: infringement actions, nullity proceedings, and extrajudicial resolutions.
Trademark infringement actions include indemnification and inhibitory clauses. It usually entails an injunction directing the infringer to stop using the trademark material; redress claim for material damage, given the reduced value of a business’ brand and the negative impact on its sales; and claim of indemnity for moral damage, which are presumed once a trademark infringement is proven, categorizing what is called moral damage in re ipsa (REsp 1.327.773 – MG, STJ 4ª Turma, Rel Min. Luís Felipe Salomão, j. 02/15/2018). Read more