Acórdão nº 063603 de Supremo Tribunal Administrativo (Portugal), 19 de Outubro de 1971 (caso None)
Data | 19 Outubro 1971 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - MAR PATENT. DIR PROC CIV.
Legislação Nacional: CPI40 ART1 ART74 PAR1 ART93 N2 ART94 PARUNICO ART187 N4 ART212 N1. CPC67 ART721 ART722.
Jurisprudência Nacional: AC STJ DE 1966/01/29 IN BMJ N153 PAG247. AC STJ DE 1936/02/21 IN BMJ N11 PAG211. AC STJ DE 1949/05/25 IN RJUS N29 PAG198. AC STJ DE 1967/04/03 IN BMJ N136 PAG363. AC STJ DE 1964/12/02 IN BMJ N142 PAG353.
Sumário : I - Tendo o Tribunal da Relação decidido que não estava demonstrada qualquer semelhança grafica ou figurativa entre as marcas "Raak-Cola" e "Coca-Cola", e que tambem não existe entre elas qualquer semelhança fonetica - pois, seja qual for a pronuncia da palavra "Raak", os seus sons não tem a possibilidade de ser ouvidos com alguma semelhança com os sons da palavra "Coca", e, mesmo pronunciando as expressões "Raak-Cola" e "Coca-Cola" completas, os dois sons são completamente distintos e tão diferentes que...
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