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Nike International Ltd. and Nike do Brasil Comércio e Participações Ltda. v. Imadco Comércio de Brinquedos Eletrônicos Ltda. Law No. 9279/1996 (Industrial Property Law), Arts. 207–210
1. The established case law of the Superior Court of Justice supports the compensation for moral damages incurred by a legal person whose trade mark was counterfeited. These damages may result from the depreciation of its image, identity or credibility. 2. For the purposes of compensation, Arts. 207 to 210 of Law No. 9279/1996 do not require any evidence that the counterfeit products were put...
1. The structure and wording of Sec. 92 is different from that of Sec. 10. It cannot possibly be said that potential liability for civil infringement is the same as potential liability to criminal prosecution and conviction. Section 10 contains no mental element, whereas Sec. 92 stipulates that the relevant act must be done “with a view to” gain or causing loss. Another clear difference is the provision...
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