The intellectual advance property warns of the legal risks of commercial use of the term, recorded in INPI since 2010
Summary
The term “Strawberry of Love” has been a brand since 2010 from Peccin S/A, and its commercial use without authorization can lead to legal measures, as a notice to advance the intellectual property.
In times of social networks and lightning objectives, the expressions obtain the heart (and feed) of the Brazilians almost during the night. The last case? The “Strawberry of Love”, a term that has taken on the Internet, has become nickname, memes, fantasy, podcast staff and product name. But what many people don’t know is that this “prohibited fruit” already has the owner and use may not be as sweet as it seems.
A survey conducted by Avance Intellectual Property, based on the data of the National Institute of Industrial Property (INPI), revealed that Strawberry of Love has been a brand since 2010 by the Peccin S/A company, in the food class. The brand covers products such as bullets, chewing, chocolates and lick -lecks.
Leonardo Almeida, a partner of Avance, warns that the exploitation of the brand without the owner’s permission can configure improper use, subject to legal, administrative or even criminal measures, as required by the law on industrial property (law n. 9.279/96): “Many people believe that, they are not due to authorization, due to protection and protection. In the packaging or to sell products or sell products of the same category.
When use can generate a problem
The protection of the brand depends on the context. The use of the term “strawberry of love” in video, meme or post on social networks is not usually considered violation, provided that it is not connected to the sale of products or services protected by the brand.
In the case of commercial use, such as candy packaging, the names of food factories or offers of products similar to those of the brand covers, the risk is real.
“If a restaurant, an online store or a candy manufacturer use the name without authorization from the brand owner, it can be activated in court. But it is worth remembering that only the owner of the brand has legitimacy to move this type of action: third parties cannot report or process,” says Leonardo.
And the apple of love?
The Avance team also analyzed the expression “Apple of Love”, which had several recording requests denied because it was considered generic. However, in 2009, Peccin S/A obtained the recording of the “Apple of Love Love Apple” brand, although with specific restrictions.
The warning notice is clear: the viral does not mean general release. In a scenario in which the trends spread rapidly and brands try to connect with the public through digital culture, it is essential to respect the legal limits.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
