The São Paulo Court of Justice analyzed a case involving the renowned Lamborghini brand, providing significant insights into trade competition and the misuse of corporate prestige. The conflict involved Automobili Lamborghini SpA and Tonino Lamborghini SpA, owners of the brand associated with luxury cars, and the Brazilian company Fabio Lamborghini Brasil Ltda., in collaboration with the Italian company Botteghe d’Italia SRL.
The plaintiffs alleged that the defendants sold products such as wines and beverages using not only the name “Fabio Lamborghini,” nephew of Ferruccio Lamborghini, founder of the automaker, but also elements linked to the history and tradition of the sports car brand. They argued that the defendants included symbols, storytelling, and direct references to Ferruccio’s career, which could lead consumers to believe that there was an official connection between the marketed products and the traditional Italian car manufacturer. This, they claimed, constituted unfair competition.
The defendants argued that Fabio Lamborghini had expressly authorized the use of his name, which would make the commercial exploitation legitimate. They also claimed that the lawsuit filed by the Italian companies constituted an abuse of the right of action, allegedly aimed at preventing new competitors from entering the market.
The Court, however, disagreed. It acknowledged that the civil name “Fabio Lamborghini” could indeed be used, as its owner had authorized it. However, it held that the defendants exceeded permissible limits by improperly exploiting the history and international prestige of the Lamborghini car brand to enhance the value of their business in Brazil. The Court considered this practice parasitic and deemed it an act of unfair competition, as it caused consumers to associate newly launched products with the sophisticated Italian vehicles.
Another relevant aspect discussed was that the Lamborghini trademark does not have official recognition as a highly renowned mark by the Brazilian Trademark Office (BPTO) in Brazil, meaning its legal protection does not extend to all fields of activity. Even so, the Court emphasized that the absence of such status does not prevent a finding of unfair competition, since the misuse of a well-known brand’s reputation is sufficient to cause confusion and unfairly attract customers.
As a result, the defendants were ordered to refrain from associating their products with the Ferruccio Lamborghini trademark or family, under penalty of a daily fine. They were also ordered to pay compensation for material damages, to be determined in the judgment’s liquidation phase, and moral damages in the amount of R$ 30,000. The counterclaim filed by the defendants, seeking compensation from the plaintiffs, was denied.
The decision reinforces that the right to use one’s own name cannot justify practices that distort competition or mislead consumers. Even when a trademark does not hold formal recognition of high renown, its prestige cannot be misappropriated. The case strengthens protection against parasitic practices and underscores the importance of fair competition in markets involving internationally recognized brands.
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Author: Isabela Nicolella Vendramelli, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados
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If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.