10/06/2022
In a recent decision, the 4th Chamber of the Superior Court of Justice, in the judgment of Special Appeal No. 1.937.989/SP, dismissed the appeal filed by a company from the tourism sector, in order to recognize the practice of unfair competition by using the corporate name of another competitor company in Google ads.
During the judgment, the ministers established that the practice is illegal because it exceeds the limits of the right to free competition.
The Court stated that “The stimulus to free enterprise, inside or outside the World Wide Web, must know limits, and it is inconceivable to recognize lawful conduct that causes confusion or purposeful association with the mark of a third party operating in the same market niche,” upholding the condemnation set by the State Court of São Paulo.
This decision is very relevant for the market, considering the expansion of the electronic market in recent years and the increase of such practices considered unfair.
