Acórdão nº 79-2002.L1-8 de Court of Appeal of Lisbon (Portugal), 07 de Novembro de 2009
| Magistrado Responsável | RUI DA PONTE GOMES |
| Data da Resolução | 07 de Novembro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I – a marca desempenha uma função distintiva dos produtos a que se reporta, proibindo a lei a situação de imitação, configurada sempre que no espírito do público seja possível estabelecer-se confusão entre elas, dada a susceptibilidade de uma ser tomada pela outra.
II – Importará assim averiguar, caso a caso, se existe, em termos sérios e fundados, o risco duns produtos ou serviços serem associados aos outros, pela similitude fonética, tudo dependendo da forma como está concretamente construída a marca concorrente e o carácter original, individualizador e autónomo...
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