Finally, this stance would lead party directories to record such expenses in their annual accounts. In other words, they would only be made public and analyzed in the year following the elections, which would undermine the transparency and social control of campaign accounts. "I reinforce my understanding that the records and payments, in the electoral campaign accounts, of those spent on accommodation, food, fuel and vehicle maintenance carried out by a candidate for President of the Republic, including his vice-president, are not improper and irregular." the rapporteur. For Ricardo Martins , partner at Med USA Phone Number eiros & Barros Correia Advogados, the review proposal is welcome. "Preventing the candidate's own expenses with accommodation, food and fuel from being paid with resources from the fund goes against the democratic logic of allowing everyone, regardless of their personal financial condition, to participate in elections, under equal conditions, in addition to encouraging the omission of campaign expenses, thus compromising the fairness of accountability", he assessed. Click here to read the rulingIt is the distinctiveness that justifies the protection of trade dress under the cloak of unfair competition.
Without distinctiveness, in the eyes of consumers, there is no undue association or confusion on the part of the customer nor, consequently, fraudulent diversion of clientele. Jcomp/Freepik Jcomp/Freepik Peanut brands disputed in the SP Court the similarity between their packaging This is the understanding of the 2nd Reserved Chamber of Business Law of the São Paulo Court of Justice in denying the existence of unfair competition in a case filed by a crunchy peanut brand that accused a competitor of parasitic exploitation due to similarities in the packaging of the two products. The plaintiff company took legal action to prevent the defendant company from continuing to use the same graphic pattern ( trade dress) to sell crunchy peanuts, arguing that the competitor's intention was to confuse consumers in order to attract customers that did not belong to it. In the first instance, the author obtained a favorable sentence, which was reformed by the TJ-SP. Initially, the rapporteur, judge Grava Brazil, stated that, although the Brazilian legal system does not provide protection for the trade dress institute , there is a consensus that it must be protected, just like industrial property rights, such as trademarks and patents.