In various areas of law, one can observe the presence of certain American adaptations in contracts, jurisprudence, and other business models. In corporate law, specifically, there are contracts that have even retained their original name, such as the vesting contract. As previously mentioned, the vesting model originated in the United States as a mechanism for […]
CPDMA BLOG
Category: Articles
Date: 19 de September de 2023
Posted by: CPDMA Team
Pseudonyms and well-known nicknames and trademark registration - the Didi case
Didi has not lost the right to use his character's name.
The news at the moment is that actor Renato Aragão has lost the right to use the DIDI trademark to Chinese company Beijing DIDI Infinity Technology.
So let's get to the clarifications.
The Chinese company, best known for owning the 99 mobility app, has registered the DIDI trademark on its own and DIDI plus other elements in the most diverse segments and in the most diverse classes for both products and services, ranging from electric vehicles, computer programs, online advertising and publicity, insurance consultancy and financial information, passenger transport, security services, food such as meat, fruit, eggs, milk, beer, juice and water, liqueurs, wines and sparkling wines, organization of exhibitions for cultural purposes, television broadcasting; among others.
Renato Aragão, better known as Didi, "the creator and the creature", can't afford to lose a trademark he never had. The DIDI trademark was never registered by the actor on his own. Had he registered it, it would have appeared in the INPI database, even if it had been extinguished or archived. He even registered the DIDI trademark, inserted into the titles of the films, television programs and entertainment services in which he acted, but DIDI alone he never registered.
The trademarks "AS AVENTURAS DO DIDI" and "DIDIZINHO" are currently in force in the name of RENATO ARAGÃO PRODUÇÕES ARTÍSTICAS LTDA., both for television programs, communication, radio broadcasting, publications, albums and school materials. The trademarks "A TURMA DO DIDI" and "DIDI E O SEGREDO DOS ANJOS" are also in full force, but under the ownership of Rede Globo - which does not prevent them from being transferred to Renato.
However, DIDI is a character created by the actor, which came to be his pseudonym and, being a character, is protected by copyright, which is independent of registration. The Industrial Property Law Law 9.279/96article 124 (XVI) also establishes that pseudonyms, notoriously known nicknames and artistic names cannot be registered as trademarks, except with the owner's consent.
In this way, DIDI, or Renato, can make use of the character's name in artistic works such as television programs and plays.
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