Para além do conjunto-imagem: a proteção do trade dress no ordenamento jurídico brasileiro

To position the business, product or service in a market whose most striking feature is competitiveness, it is natural that companies always and increasingly invest in the formation and expression of an identity. As the value of this identity grows, just as naturally, other economic agents are expec...

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Autor principal: Dias, Layse Rhayana Marcelino
Outros Autores: Elali, André de Souza Dantas
Formato: bachelorThesis
Idioma:pt_BR
Publicado em: Universidade Federal do Rio Grande do Norte
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Endereço do item:https://repositorio.ufrn.br/handle/123456789/51588
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Resumo:To position the business, product or service in a market whose most striking feature is competitiveness, it is natural that companies always and increasingly invest in the formation and expression of an identity. As the value of this identity grows, just as naturally, other economic agents are expected to seek to take advantage of competitors' successful reputation and structure and consumer confusion about the origin of the product or service to pursue a shorter path for commercial triumph. This is, in essence, the driving rationality for trade dress protection. In this context, the primary objective of this research is to investigate whether the Brazilian legal system autonomously protects the institute. Around this objective, gravitate others, specific, as follows: (i) reconstruct the historical origin of the institute; (ii) understand the commercial clothing, defining and characterizing it; and (iii) systematize the legal treatment given to trade dress by the Brazilian order. To achieve this goal, it was used the inductive approach method, combined with the generic types of investigation historical-legal, legal-comparative and legal-descriptive research, and, as for research techniques, it was employed an indirect documentation, collecting the necessary data from the bibliographic and documentary research.