Brazil’s TRF2 (Federal Court of Appeals for the 2nd Region), through its Second Panel, ruled in favor of Brazilian rapper L7nnon in a trademark infringement case brought by Japanese artist Yoko Ono.
Yoko Ono, who manages the intellectual property rights of her late husband, John Lennon, initiated legal proceedings arguing that the rapper’s stage name could lead to an improper association with the former Beatle. She had previously opposed the trademark applications filed by the artist before the Brazilian Patent and Trademark Office (BPTO).
On the other hand, the rapper argued that his stage name has its own distinctive characteristics, capable of creating a sufficiently unique visual identity, and that it is associated with trap music, a genre distinct from the late rock music singer.
After the appropriate legal proceedings, the court found that the stage name “L7NNON” does not create an improper association with that of singer John Lennon, noting that there is a temporal and cultural distance between the two artists. Accordingly, no harm to the image of the former Beatles frontman was identified.
Cases such as this are delicate and require a technical analysis to validate whether there has indeed actions capable of creating confusion, requiring careful expertise.
In order to mitigate the risk of opposition and potential legal proceedings involving the intended trademark applications, a comprehensive prior trademark search should be conducted before the relevant office, with a detailed assessment of all associated risks. Such analysis should be performed by professionals specialized in the field.
—
Author: Daniela Russo, Lígia Marcondes Ferreira and Cesar Peduti Filho, Peduti Advogados.
Source: https://exame.com/pop/l7nnon-x-yoko-ono-entenda-a-disputa-pelo-nome-artistico-do-rapper/
—
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”