Acórdão nº 98B769 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1998 (caso NULL)
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 15 de Outubro 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: CPI40 ART74 ART86 N3 ART93 N12 ART94. CONST89 ART114. CPI95 ART181 N1 ART184. ETAF84 ART6. DL 176/80 DE 1980/05/30 ART6. CPC67 ART102 N2 ART668 N1 D.
Jurisprudência Nacional: AC STJ DE 1956/06/22 IN BMJ N58 PAG456. AC STJ DE 1981/11/03 IN BMJ N311 PAG401. AC STJ DE 1979/02/13 IN BMJ N284 PAG238. AC STJ DE 1990/05/24 IN BMJ N397 PAG506. AC STJ DE 1991/03/12 IN BMJ N405 PAG492.
Sumário : I - A questão da incompetência absoluta do tribunal só pode ser suscitada pela parte até ser proferido despacho - saneador - artigo 102 n. 2 do C.P.Civil - não podendo ser arguida "ex-novo" após produção da sentença final e em sede de recurso da mesma. O julgamento da causa sem tal conhecimento não integra a causa de nulidade "excesso" de pronúncia nos termos e para os efeitos do artigo 668 n. 1 alínea d) do C.P.Civil. II - Há imitação ou usurpação de marca quando se verifica existir semelhança gráfica, figurativa ou fonética que facilmente induza erro ou confusão no consumidor, em termos tais que este não possa distinguir...
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