Acórdão nº 97A040 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1997 (caso NULL)
| Magistrado Responsável | MARTINS DA COSTA |
| Data da Resolução | 23 de Setembro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - MAR PATENT. DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPI40 ART93 N12 ART94 ART187 N4. CCIV66 ART12. CPC67 ART722 N2.
Sumário : I - A marca, como sinal distintivo do comércio, identifica a proveniência de um produto e destina-se à protecção, pelo seu poder sugestivo, da actividade de determinado empresário. II - Ora, se duas empresas fazem uso legítimo da mesma marca (porque legalmente registada em seu nome), durante longo período de tempo, para produtos com certa afinidade, a função essencial dessa marca fica prejudicada, nas relações entre as empresas, na medida em que se terá consumado a possibilidade de confusão dos respectivos produtos. III - Nestas circunstâncias, não tem aqui aplicação relevante o n. 12 do...
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