The 14th Chamber of Private Law of the São Paulo Court of Justice upheld the interlocutory appeal filed by a software multinational in the face of a company with which it had a partnership, granting the urgent protection sought by the first. Therefore, the use of the name “Microsoft” by the defendant in its commercial and business relations was prohibited, under penalty of a daily fine equal to R $ 33,000.00, limited to R $ 1 million.
In the specific case, the appeal was filed in the face of a decision that denied urgent early relief, in which the multinational intended to avoid using his name for the purposes of administrative contracts. The factual basis was linked to the fact that the business relationship between the parties had ceased, an aspect that would highlight the need to avoid greater risk and irreversible damage.
The decision explains the existence of “a complex of commercial relations established between the parties in the form of a partnership, for specific reasons, the parties disagreed, thus leading to the filing of an action for the maintenance of 64 contracts and the respective review of the contract. debit balance, sum greater than R $ 11 million ”.
The controversy is thus characterized by the opposition between the interest of the defendant, a software specialist company, to review the amount of its debt and maintain the contracts, while the multinational seeks to collect the amounts due and prevent the use of its name in any activity to be carried out by the defendant.
The rapporteur Judge Carlos Henrique Abrão considered, in this context, that the provision of the appeal “has the ability to avoid new disagreements and irreversible losses, insofar as the aggravated one presents itself as a partner of the aggravating one, which, before third parties, has the scope of the duty, not only to preserve its image, but above all to guarantee the product resulting from the contractual business ”.
Therefore, as perceived by the collegiate body, the authorizing legal requirements, there was “the urgent provision to inhibit the use of the Microsoft name for any purpose, under penalty of a daily fine”, also covering the image and brand belonging to a multinational company. software.
Wilson Sales Belchior
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