Month: March 2025

The legal team representing Brazilian songwriters Ruan Prado, Luana Matos, Patrick Graue, and Calixto Afiune has filed a criminal complaint against Shakira this Tuesday (11), alleging that the Colombian singer plagiarized the song “Tu Tu Tu”, originally performed by Mariana Fagundes and Léo Santana, in her track “Shakira: Bzrp Music Sessions, Vol. 53.”

 

The complaint, which also names the other authors of Shakira’s song, requests the opening of a police investigation to examine the alleged plagiarism and its potential criminal implications. In Brazil, a criminal complaint (notícia-crime) is a formal request to law enforcement authorities to investigate a possible offense, in this case, copyright infringement.

 

According to the songwriters’ attorney, legal action was taken after claims that Shakira’s team and Sony Music had been delaying negotiations and failing to reach an amicable resolution with the Brazilian composers.

 

 

The complaint not only highlights the melodic and rhythmic similarities between the two songs but also points to Shakira’s history of plagiarism accusations.

 

Previous cases cited include “Waka Waka (This Time for Africa)”, the official 2010 FIFA World Cup anthem, which was accused of copying “Zangalewa” by the Cameroonian group Golden Sounds. Additionally, her song “Loca” faced allegations of unauthorized use of elements from “Loca con su Tiguere”, originally composed by Dominican musician Ramón Arias Vásquez.

 

As of now, neither Shakira nor her representatives have made an official statement regarding the allegations.

If the police investigation proceeds, the case will examine the criminal and financial aspects of the alleged plagiarism, potentially leading to legal consequences such as financial compensation or other penalties, depending on the court’s ruling.

 

—

 

Advogado(a) autor(a) do comentário: Marília de Oliveira Fogaça e Cesar Peduti Filho, Peduti Advogados

Fonte: https://rollingstone.com.br/noticia/compositores-brasileiros-entram-com-noticia-crime-contra-shakira-por-plagio-de-tu-tu-tu/#google_vignette

 

—

 

Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.

The 1st Chamber of Business Law of the São Paulo Court of Justice has ruled in a new decision saying that the use of a common expression in a company’s trade name is not capable of creating confusion or association because it lacks distinctiveness and originality.  

 

This decision came about after the plaintiff, the owner of a trademark containing the expression “melanina”, which means “melanin” in Portuguese, filed a lawsuit against a certain establishment that used this term in its trade name.

 

In excerpts from the decision, the judge states that:

It is, in fact, a common noun, designating a substance that gives pigmentation to the skin. In view of this, there is no way of recognizing any kind of infringement arising from the trademark used by the appellee, since the designation does not denote full equivalence to that registered by the appellant.”

 

 

It should be emphasized that Brazilian Industrial Property legislation, in its article 124, item VI, states that signs of a generic or common nature are not registrable as trademarks, unless they are sufficiently distinctive. In this sense, we can say that the decision was the right one to allow the brand and the establishment to coexist.

 

Meanwhile, owners of trademark registrations must always guarantee their rights and always aim to protect their trademarks that are sufficiently distinctive, always paying attention to the requirements set out in the legislation to guarantee ever broader protection. Otherwise, the trademark may be diluted and non-exclusive use by third parties is permitted.

 

—

 

Autores: Daniela Russo, Advogada Junior e Cesar Peduti Filho, Peduti Advogados

Fontes:

https://www.conjur.com.br/2025-fev-09/uso-de-expressao-generica-em-nome-fantasia-nao-gera-confusao-decide-tj-sp/ 

 

—

 

Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

Petrobras has once again broken its own record for patent filings, registering 142 new applications with Brazil’s National Institute of Industrial Property (INPI) in 2023. This marks the third consecutive year of surpassing its previous records. Additionally, the company now holds over 1,200 active patents.

 

Petrobras (Petróleo Brasileiro S.A.) is Brazil’s largest energy company and a global leader in oil, gas, and renewable energy. Established in 1953, the state-controlled corporation has been instrumental in Brazil’s economic growth and energy independence.

 

Petrobras is renowned for its pioneering advancements in deepwater and ultra-deepwater oil exploration, particularly in the pre-salt reserves, some of the world’s most significant offshore oil fields.

 

As outlined in its 2024-2028 Strategic Plan, Petrobras has committed $3.6 billion to Research, Development, and Innovation (RD&I) over the next five years—the largest investment in innovation in the company’s history. By 2028, funding for decarbonization and new energy sources is expected to increase by 30%, reinforcing Petrobras’ transition towards sustainable energy.

 

 

Over the past decade, Petrobras has invested more than R$ 24 billion in RD&I, with most of this funding allocated to partnerships with Science and Technology Institutions (ICTs). In 2022 alone, over R$ 4 billion was invested in research.

 

In 2023, the company focused its innovation efforts on exploration and production, refining, gas and energy, renewables, and sustainable development projects such as decarbonization and emission reduction. Notably, around 13% of all patents filed in the past two years were directly linked to clean energy and decarbonization technologies.

 

Looking ahead to 2025, Petrobras has secured strategic partnerships in offshore wind energy, successfully processed its first 100% renewable feedstock at a refinery, and continues advancing research in hydrogen, carbon capture, wind and solar energy, bio-refining, and next-generation production systems.

 

In 2023 alone, Petrobras launched over 200 innovation challenges, securing R$ 1 billion in contracted investments and forming 800 partnerships. The company’s commitment to innovation was recognized in 2024 with four national and international awards.

 

As the company shifts toward a more sustainable energy mix, it is expanding investments in renewables, carbon capture, and next-generation fuels, reinforcing its position as a major player in the global energy transition.

 

—

 

Advogado(a) autor(a) do comentário: Enzo Toyoda Coppola e Cesar Peduti Filho, Peduti Advogados

Fonte: https://www.ldsoft.com.br/news/petrobras-bate-recorde-pelo-3o-ano-seguido-em-deposito-de-patentes/

 

—

 

Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.