The request was made by Paulo Ricardo, who had previously been excluded from the group. Fernando Deluqui’s lawyer has filed an embargo and the musician will perform a sold-out show on Thursday 6th to celebrate the band’s 40th anniversary
In a recent decision, judge Luciana Alves de Oliveira, of the 22nd Civil Court of São Paulo, accepted the singer’s request Paolo Ricardo so does his former bandmate, the guitarist Fernando Deluquistop using the ‘tagrpm‘. The musician joined new partners Dioy Pallone, Kiko Zara and Gus Martins for a tour celebrating the group’s 40th anniversary. They are all defendants in the lawsuit brought by Paulo Ricardo.
According to the judge’s ruling, using the RPM name with a new lineup causes a “devaluation of the brand.” According to the judge, “it cannot be admitted that, as co-owner of the trademark, [Fernando Deluqui] they choose to join third parties for the alleged preservation of the gang, which no longer maintains any identity with its original formation”, wrote Luciana Alves de Oliveira.
In the ruling the judge also means that the use of the RPM trademark depends on the consent not only of Paulo Ricardo and Deluqui, but also of the heirs of the musicians Paulo Pagni and Luiz Schiavon, who were part of the original formation of the group and who died, respectively , in 2009 and 2023.
On the 3rd, Deluqui’s defense presented an embargo to question some points of this first sentence. This guarantees the musician, until the final decision of the Court, the right to continue using the trademark. Deluqui will perform on the night of this Thursday 6 in Bourbon Street, in Sao Paulo, with the RPM project – 40 years. Tickets are sold out.
The report of Estadao contacted the musician, who declined to comment on the case. However, in a statement, Deluqui said he respected but disagreed with the judge’s decision.
To the Estadao, the lawyer representing Deluqui, João Marcos Silveira, reiterated that, for now, nothing changes and Deluqui will be able to continue with the tour. Silveira says that Paulo Ricardo, for many years, “always invents a new action to take against RPM members.”
OR Estadao He asked Paulo Ricardo for advice, who did not respond to contact. The space remains open. In 2012, Paulo Ricardo was also the subject of a lawsuit from his former bandmates who demanded that he stop using the RPM name.
Silveira explains that, in the band’s early days in the 1980s, Paulo Ricardo registered the RPM trademark in the name of his company. Subsequently, in 2007, a legal agreement established that the use of the brand could only take place with the prior authorization of the four original partners.
However, in 2011, a new agreement, called ‘Band Contract’, of 2011, provided that “the possibility of continuity of the activities of the band, without the original formation, in case of voluntary departure of any of its members or compliance with the rules established in this contract for the exercise of the Band’s artistic activity“.
Silveira explains that among the “established rules” were terms such as delay or absence from rehearsals and the obligation to follow the agenda previously established by the entrepreneur. According to the lawyer, this contract was signed due to Paulo Ricardo’s recurring “tendencies” to pursue a solo career.
“There was also a clause stipulating that anyone who violated these obligations could be expelled from the band and that the group could continue with its activities and use the brand. Paulo Ricardo did not comply with this agreement and was expelled from the band by court order” , He says.
Deluqui’s defense states that, if the ruling prohibiting the musician from using the RPM trademark is upheld, he will file a legal appeal.
Source: Terra
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
