A recent decision by a São Paulo court provides further guidance on the scope of trade dress protection under Brazilian law. The dispute involved the packaging of generic drugs marketed by Eurofarma Laboratórios S.A. (“Eurofarma”) and MedQuímica Indústria Farmacêutica S.A. (“Medquímica”) and arose after MedQuímica redesigned the visual identity of its packaging in 2023.
According to Eurofarma, the new presentation of MedQuímica’s products became too similar to its trade dress, characterized, among other elements, by a green gradient, an orbital globe icon and the position of the word mark in the package. Eurofarma argued that these similarities could create a risk of consumer confusion or undue association and sought to prevent the use of the new visual identity of Medquímica’s products, as well as damages.
During the proceedings, a court-appointed expert recognized that Eurofarma has distinctive and protectable trade dress in its generic drug product line. However, the expert found relevant differences between the trade dresses that characterize each each company visual identity. The court-expert’s analysis considered not only the graphic elements of the packaging, but also color differences identified through instrumental measurements and simulations of how the products would appear at points of sale.
Based on the expert evidence, the court found no infringement of Eurofarma’s trade dress or trademarks, nor any act of unfair competition. The decision also noted that the use of similar colors by competing companies is not, in itself, sufficient to establish trade dress infringement. Rather, it is necessary to consider whether the colors and other visual elements are arranged or combined in a distinctive manner. Eurofarma’s claims were therefore dismissed.
The case provides a relevant example of how Brazilian courts approach the protection of trade dress. Although trade dress is not subject to an independent registration system in Brazil, distinctive product presentations may be protected under unfair competition rules when their imitation is likely to cause confusion or undue association. By assessing the overall visual identity of the products and relying on technical evidence to distinguish protectable features from elements that cannot be exclusively appropriated, the decision illustrates the mechanisms available under Brazilian law to protect intellectual property assets while preserving legitimate competition.
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Advogado(a) autor(a) do comentário: Fernanda Carmagnani Rodrigues, Lígia Ferreira Marcondes Rocha, Cesar Peduti Filho, Peduti Advogados
Fontes: Uso de mesma cor, por si, não configura cópia de embalagem da concorrente – https://conjur.com.br/2026-ago-13/juiz-isenta-farmaceutica-da-acusacao-de-copiar-embalagem-de-generico/
Inteiro teor da Sentença do processo nº 1011377-05.2024.8.26.0100 – Site TJSP
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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.