Acórdão nº 0018112 de Court of Appeal of Lisbon (Portugal), 18 de Junho de 1998
Magistrado Responsável | SANTOS BERNARDINO |
Data da Resolução | 18 de Junho de 1998 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - MAR PATENT. DIR ECON - DIR CONC DIR IND.
Legislação Nacional: CPI95 ART93 N6 ART166 N1 B C ART187 N4 ART189 N1 ART212 N1 N3 N6.
Jurisprudência Nacional: AC STJ DE 1970/02/20 IN BMJ N194 PAG261.
Sumário: I - O escopo visado pelo legislador, a "ratio legis" do disposto no art. 93 n. 6 do CPI, é impedir a confusão entre a marca e qualquer daqueles sinais distintivos. E é manifesto que essa confusão pode verificar-se se houver neles um elemento vincadamente dominante e característico, do qual, só por si, resulte a sua capacidade distintiva, e esse elemento for reproduzido na marca. II - Por isso, o n. 6 do art. 93 não exige a reprodução total, bastando que haja a reprodução dos elementos característicos ou diferenciadores da firma, denominação social, nome ou insígnia do estabelecimento; como hoje resulta da al. f) do n. 1 do art. 189 do CPI de 1995. III...
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