Acórdão nº 068126 de Supremo Tribunal de Justiça (Portugal), 14 de Novembro de 1979 (caso NULL)
| Data | 14 Novembro 1979 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - MAR PATENT.
LegislaÁ„o Nacional: CPC67 ART729. CPI40 ART76 ART79 ART87 N4 ART93 N1 N8 ART94 ART212 N1.
JurisprudÍncia Nacional: AC STJ DE 1974/06/08 IN BMJ N233 PAG214. AC STJ DE 1975/11/18 IN BMJ N251 PAG187.
Sum·rio : I - E quest„o de direito apurar se, face as semelhanÁas e dissemelhanÁas entre marcas, existe ou n„o imitaÁ„o. II - N„o e necessaria a semelhanÁa entre todos os elementos da marca - grafico, figurativo e fonetico - para que se verifique a concorrencia desleal, pois basta a possibilidade de confus„o. III - Assim, a semelhanÁa figurativa, susceptivel de induzir em erro ou confus„o no mercado, e suficiente para definir o conceito de imitaÁ„o, nos termos dos artigos 93, n. 12 e 94 do Codigo da Propriedade Industrial. IV - A marca so e franca ou generica, nos termos do paragrafo 1 do artigo 79 do citado diploma, se fizer qualquer designaÁ„o em relaÁ„o aos produtos que...
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