LIMITES ENTRE O PARASITISMO MARCÁRIO E A LIBERDADE DE EXPRESSÃO

Abstract

The phenomenon of trademark parasitism has been a major topic of discussion for a long time by the corporate doctrine, especially when combined with fundamental constitutional principles, such as the principle of freedom of expression. This mostly happens because brand parasitism is nothing more than the practice in which a company uses brands and intangible assets from other companies with the aim of piggybacking on its success, basically, a simple and cheaper way of doing marketing. Because of this practice, the debate arises on the limit to which the practice of parasitism is legal, in the name of freedom of expression, without it being considered a crime due to unfair competition, leading to customer diversion. Furthermore , practical cases that were analysed could clarify even more and demonstrate the understandings regarding this subject. Approaching a common notion of the entire system of the trademark law in the Brazilian legal system, the present work aims to measure the importance of differentiation and analysis of each concrete case, so that the repression of trademark parasitism is not used as a path that compromises the fundamental constitutional principle of freedom of expression.