A possibilidade da aferição do dano moral in re ipsa no uso indevido da marca segundo a Quarta Turma do Superior Tribunal de Justiça

• Autor(a) principal: Fernandes, Beatriz Mendes
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5810
• topic: Marcas; Dano moral; Uso indevido

This monograph will analyze the possibility of measurement of moral damage in re ipsa in the improper use of the mark according to the Fourth Panel of Superior Court of Justice. For this, the deductive method and the qualitative approach were used; as for the depth level of the study, the exploratory research was adopted; regarding the procedure, documentary research was used, based on legal doctrines, legislation, scientific articles and jurisprudence. The result of this research is that, previously, the Fourth Chamber of the Superior Court of Justice ensured that it was not possible for the legal entity to assess the moral damage in re ipsa in the misuse of the mark. But this understanding has been modified over the time. From 2017 onwards, the Fourth Chamber of the Superior Court of Justice ruled that compensation for moral damages in re ipsa was admissible as a result of the offense to the objective honor of the legal entity for the improper use of its trademark. It is concluded that the Superior Court of Justice guarantees to the juridical person the reparation for moral damages, due to suffer shakes in its honor and image in society. Thus, improper use of the brand generates unfair competition and, consequently, the brand loses credibility with the company. It is not necessary to prove the objective honor of the legal entity by the improper use of trademark, because it is an obstacle to this unlawful conduct.