Acórdão nº 084791 de Supremo Tribunal de Justiça (Portugal), 17 de Março de 1994
Magistrado Responsável | ZEFERINO FARIA |
Data da Resolução | 17 de Março de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: G PINTO COELHO RLJ ANO93 PAG33 PAG50.
Área Temática: DIR COM - MAR PATENT.
Legislação Nacional: CPI40 ART93 N12 ART94 ART187 N4 ART212. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1982/02/04 IN BMJ N314 PAG355.
Sumário : I - Não podem ser objecto de recurso questões novas, não apreciadas e decididas pelo tribunal de recurso, a menos que sejam de conhecimento oficioso; e não se pode ordenar a ampliação da matéria de facto, quando não venha articulada pelas partes. II - A imitação da marca decompõe-se em duas questões: uma de facto, da competência das Instâncias - existência das semelhanças e dissemelhanças entre duas marcas; outra de direito - apurar se, em face dessas semelhanças e dissemelhanças, uma das marcas deve ou não considerar-se imitada pela outra. III - Embora se destinando aos mesmos produtos as marcas "EKOD" e "KODAK", tendo a Relação determinado uma semelhança gráfica e fonética parcial, por haver coincidência gráfica entre as...
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