Acórdão nº 98B903 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1998 (caso NULL)
| Magistrado Responsável | SOUSA INES |
| Data da Resolução | 19 de Novembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - MAR PATENT / REGISTOS.
Legislação Nacional: CSC86 ART10 N3. DL 42/89 DE 1989/02/03 ART1 ART2 N2 ART8 N2.
Jurisprudência Nacional: AC STJ DE 1997/01/22 IN CJSTJ ANOV TI PAG67.
Sumário : I - A firma e a denominação sociais são sinais distintivos utilizados no comércio para designar e individualizar o comerciante nas suas relações jurídico-comerciais. II - Para cumprirem tais finalidades não podem as mesmas deixar de ser exclusivas daqueles que identificam, em ordem a que os respectivos titulares não sejam confundidos com outros diferentes sujeitos de direito - princípio da exclusividade. E isto por duas ordens de interesses: - por um lado, o do comerciante mais antigo no sentido de não ser alvo de concorrência desleal por parte do novo comerciante que, adoptando uma firma ou denominação particular idêntica à daquele, se fosse aproveitar do seu prestígio e penetração no mercado desviando para si clientela daquele; - por...
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