Courts prevent Mayara and Marisa from using “As Patroas”, a project with Marília Mendonça; understand

A Bahia state court has banned the duo Mayara and Marisa from continuing to use the name As Patroas, which also included singer Marília Mendonça, who died in a plane crash in November 2021. Unfair competition damages from singer Daisy Soares, project owner of Foro Contemporary band A Patroa , which started in late 2013. As of 2014, she started performing and recording her first CD.

“I grant the required urgent relief, and for this reason I have decided that the defendants shall refrain, under any pretext, from using the registered trademark owned by the plaintiff “A Patroa,” either singular or plural, in any services, or marketed products,” said alternate judge Argymero de Azevedo. Dutra, advertising, by physical or virtual means, is subject to a fine of 100,000 Brazilian riyals for each violation (…)”.

According to singer Daisy, “Her artistic proposal goes beyond musical creativity and raises the banner of defending the feminine cause, preserving feminine strength, independence and women’s accomplishments.” She explained that, in 2014, she formalized the application for the registration of her trademark A Patroa by the National Institute of Industrial Property (INPI). The franchise and deferment were ready in January 2017. She said she was starting to find success in Bahia, “an extrapolation to the whole country”.

Daisy stated that she was surprised at the beginning of 2020, when “the director of the late Maria Mendonca, Andre Oliveira, requested the registration of the Patrios mark with the INPI”, in the same class of service and with “specifications similar to yours., in an apparent collision”. Records also show that Wonder’s application for registration was rejected by the National Institute of Industrial Property.

Daisy has stated that she thinks she will reach an “amicable solution” with the duo and Work Show. But she stated that “the dialogues were interrupted and those that began to increase the use of the author’s brand, including publicity in the media Projeto Patros, the presentation of musical performances in the form of life, the making of music available on various platforms, the sale of hats, T-shirts and tours, all to inform the public on the idea of ​​owning the Patroas brand, with the same logo and color font, to stimulate women’s empowerment, similar to the author’s brand rule.”

The plaintiff’s lawyers claimed that “the identical use of its trademark by the defendants, in addition to confusing the public, resulted in moral and financial damage.”

The judge concluded that “the documentary collection that guides the preliminary is sufficient to establish that the plaintiff is the owner of the registration of the trademark A Patroa with the National Institute of Industrial Property (INPI)”.

“Likewise, on the other hand, it is also clear that the first three defendants were using, in a general way in artistic, musical, advertising, etc. projects, the trademark As Patroas, without the prior permission of the plaintiff, although it appears distinctly different,” he added. , in the same field of work for which the trademark registration of the plaintiff was granted, at the national level, and with the aggravating factor that they are artists of wide national renown.”

The judge acknowledged that national trademark registration gives the singer “protection and exclusivity in use and exploitation, creating unfair competition, subject to judicial control and eventual reparation, given that once the rule is violated, the imposition of suspension, even temporary, and the elements supporting this must be applied overtaking.”

In doing so, the judge understood that there was “a significant risk of continued harm resulting from the improper use of another person’s trademark of economic and financial benefit”.

According to the investigative judge, the defense of Mayara and Mreisa has a period of 15 working days, from the day of the decision, June 8, to present the case that can be appealed.

Band A Patroa released a statement on their Instagram page on Monday commenting on the issue.

“The band’s project A Patroa began with the idea of ​​demonstrating female empowerment. A strong brand, with strong women on the front line like singer Daisy Soares and Paulinha on guitar,” the note reads. “A Patroa appeared in 2013 and has already performed in most cities of Bahia and in São João do Bello. Winner of the Singer of Revelation award in 2019 in São João in Bahia, A Patroa brings an artistic repertoire and modern interpretations of ancient inlay classics, conquering all audiences wherever I went “.