Nattan and Natanzinho Lima compete for a court name and cause controversies; Comments of the lawyer

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In the last few days the names of the artists Nattanwhose real name is Natanael Cesário Dos SantosAND Natanzinho Lima They are giving something to talk about. The two decided to intent on a cause at the National Institute of Industrial Property (INPI) to define who has the right to use the name of art “Nattanzinho“.

In an interview with Opigigo!, The lawyer specialized in copyright, Yasmin Arrighi He explained how the case will be the singers and what the risks will be for each. Check!

How much more is it: use before or register first?

According to the lawyer YasminInpi values ​​more than has the registration of the name, since the registration certificate verifies the exclusive right of use throughout the national territory, according to article 129 of the industrial property law (LPI). “However, the priority of use can also be taken into consideration, especially if there is a solid proof that the trademark (in this case, the name of the stage) was already used in a well -known, continuous and public way before the competitor’s recording request.”start.

“This situation is regulated by article 129, §1 of the LPI, which protects the so -called” user of good faith “that has already used the brand in a certain segment. In such cases, it is possible that INPI recognizes the right to precedence for those who can demonstrate this previous use, even if it has not asked the application for the first registration.”.

Can the use of similar names give justice a problem?

Yasmin He explains that yes, similar names can generate confusion and some impediments. “In general, the simultaneous use of similar names can generate legal impediments, especially when there is a risk of confusion or improper association by the consumer audience. Inpi can understand that the coexistence of similar brands for artists of the same segment (such as country music) damages the principle of distinctive, essential in the marked law.”.

In sequence, underlines the lawyer: “In addition to the legal risks, there are also commercial damage and the image of artists, such as confusion during concert hours, problems on streaming platforms, digital distribution, social networks and advertising contracts. This overlap can devalue the brand of both and compromise its individuality on the market.”.

What are the risks of using a name already recorded by another artist?

Finally, the expert strengthens that if the name of art is already validly recorded in the INPI by another artist, those who continue to use it can undergo serious consequences, such as: for example:

• Extrajudicial notifications or causes for the infringement of the brand, including requests for compensation for moral and material damage;
• Obligation to immediately stop the use of the name on social networks, digital platforms, events, contracts and campaigns;
• Blocks of monetization on platforms such as Spotify, YouTube and Instagram for violation of the brand;
• Difficulty with sponsorships, partnerships and contracts, which require legal clarity on the ownership of the name/brand.

“The ideal, in these cases, is to look for an agreement or make an adaptation in the name of the stage, avoiding long controversies and career leaks”It ends.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.