TJSP determines that real estate company does not use a name similar to that of competitor

in January, the 2nd reserved chamber of business law of the São Paulo Court of Justice confirmed lower instance decision that It prohibited real estate company to use similar name or any terms that confuse the characteristics of a competitor already consolidated in the real estate market.

The decision included some punitive measures, such as canceling the domain of the offender's website, as well as reparation for material damage and compensation for moral damages.

In the decision of the House, the understanding that there was the practice of unfair competition by the offending company by taking advantage of the concept already consolidated in the market, because even if there was no exact similarity between the expressions Used, not even among the means and territories exploited by companies to consolidate sales and locations of their properties, the offending company opted for a designation that inevitably promoted association in the consumer market, facilitating the dissemination of its brand by efforts and investments dismissed by company already consolidated in the market.

Thus, the decision seeks to safeguard the consumer and curb actions that aim to fully imitate a pattern already established in the market, as well as repeat concepts, formats, colors and other elements that may cause confusion with an item already existing in order to combat the practice of unfair competition.