Recentemente sancionada, a Lei 14.973/24, dentre outras medidas, prevê a desoneração temporária e gradual da folha de pagamento, reduzindo encargos trabalhistas para empresas de setores eleitos como estratégicos. A desoneração da folha consiste na substituição da base de incidência da contribuição previdenciária patronal sobre a folha de pagamentos (CPP), prevista no artigo 22, da Lei […]
CPDMA BLOG
Category: News
Date: 12 de March de 2024
Posted by: CPDMA Team
Was the instability on Instagram and Facebook the result of a court decision?
There has been speculation in recent days as to whether the instability of the social networks Instagram and Facebook is a result of the court decision handed down by the São Paulo Court of Justice (TJSP), which ordered Meta Platforms, INC., which owns the platforms, to refrain from using the 'META' trademark, which was first registered in Brazil by Meta Serviços em Informática S/A, the plaintiff in the case. It so happens that the instability of the two platforms occurred in the same week that it was announced that the company would be forced to stop using the expression 'META' as a trademark.
The announcement of the company's corporate name change came in 2021, alluding to the metaverse - virtual reality technology.
Initially, it is important to clarify that the decision that determined "the cessation of any and all use of the name or trademark 'META'", must be complied with within 30 calendar days from the date of the judgment of the interlocutory appeal by the TJSP, which occurred on 02/28/2024. Therefore, as the deadline has not passed, the instability of the platforms has nothing to do with the court order.
Also, with regard to the lawsuit that aims to prevent the use of the 'META' trademark, there is disagreement as to which court would be competent to decide the issue, since at the beginning of the state process, the 'META' trademark owned by Facebook was granted by the INPI, and the Brazilian company, holder of the first registration, filed a request for the registration to be nullified in the Federal Court.
Furthermore, Facebook has acquired two registrations of word marks composed of the expression 'META', in the same class as the one sought - 42 - and with registrations prior to the Brazilian mark and with this, the main allegation of prior registration by the plaintiff apparently falls apart.
In other words, this is a very complex issue that will not be resolved with just one decision, not least because there is still room for appeal against the decision handed down by the TJSP, which does not prevent the parties from reaching an agreement on the matter at any time.
Instrument Appeal Case: 2208229-28.2023.8.26.0000
Recent posts
Contratos de Vesting Clássico e Reverso: aplicações no Direito Societário
Read more
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 […]
Stock options as a form of employee incentive and their importance for startups
Read more
The phenomenon of stock options appeared in the United States in the 1950s and gained great visibility after the 1980s, when it became an almost absolute practice among large American companies. In the United States, the peak of the stock options granting system occurred between the years 2000 and 2001. […]
Changes in the Civil Code and Their Implications for Corporate Law: An Analysis of the Draft Bill Presented to the Federal Senate
Read more
The commission of jurists appointed by Minister Luis Felipe Salomão drafted the bill to update and adapt the Civil Code, which is currently awaiting review by the Federal Senate. The main objective of the draft bill is to simplify the measures stipulated by the current law and align the Code with doctrinal and jurisprudential interpretations that have been […]
Service contract with the contractor's company registration number (CNPJ) and the validation of alternative forms of hiring: business impacts and the STF decision.
Read more
The decision handed down by the Federal Supreme Court (STF) in the judgment of General Repercussion Topic 725 and the Argument for Non-Compliance with Fundamental Precept (ADPF) 324, marks a crucial point in the definition of labor relations and their legal limits in Brazil. In a scenario where companies are increasingly looking for alternatives to [...]
Investing in startups in Brazil: the Convertible Loan Agreement.
Read more
In the age of technology, the start-up ecosystem has attracted many people in recent decades. This is mainly due to the rapid rise of the digital economy, which has led to many success stories of companies that today represent giant players in the market, regardless of the sector in which they operate. In this context of scalable entrepreneurial initiatives, startups have shown themselves to be a huge attraction [...]
English 
Português do Brasil 
Español