Cesar Peres Dulac Müller logo


Date: 19 de September de 2023
Posted by: CPDMA Team

Pseudonyms and well-known nicknames and trademark registration - the Didi case

Imagem ilustrativa do artigo de Vanessa Soares sobre o caso Didi.

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.

By: Vanessa Pereira Oliveira Soares

Intellectual Property | CPDMA Team


Recent posts

Corporate name: get to know this asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we'll look at the BUSINESS NAME. Although trademarks - the nature of which has already been described in the previous post - can sometimes be confused with business names, they are distinct legal institutes. The business name identifies the company by [...]

Read more
PERSE: legislative changes in the emergency program to revive the events sector

Law No. 14,859/2024: amendment of the Perse rules for the period 2024 to 2026. The Emergency Program for the Resumption of the Events Sector - Perse was created in 2021 with a view to helping companies linked to the events sector - the activity most affected by the COVID-19 pandemic, by reducing [...]

Read more
The extent of insurance cover in floods

The rains that have hit Rio Grande do Sul in recent weeks have destroyed farms, properties and vehicles. Even if they have insurance, car or property owners should check the coverage of their policies to see if they can get compensation. Basic insurance for cars and properties does not usually cover floods. Insurance against electrical breakdown, [...]

Read more
The agreement to sell the most famous slimming drug of the moment

It was recently reported that the Brazilian company BIOMM has signed an agreement with the pharmaceutical industry BIOCON to distribute in Brazil a drug similar to Ozempic, indicated for the treatment of diabetes, but used mainly to treat obesity. However, this will only be possible because the patent holder of the drug has certainly authorized, through a [...]

Read more
Get to know the “brand” asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we're going to talk about the TRADEMARK. A trademark is a sign used to distinguish and identify a product or service. It is registered with the National Institute of Industrial Property (INPI), guaranteeing the owner exclusive use in [...]

Read more
Intellectual property gives the author, inventor or holder of knowledge the power to protect their rights.

Intellectual property gives the author, inventor and/or owner of the protected knowledge the power to protect their rights, and can, for example, prohibit third parties from producing, using, selling or importing their invention, as well as preventing the reproduction or imitation of their trademark, in addition to guaranteeing exclusivity to the owner of the creation [1] (ARAÚJO; BARBOSA; QUEIROGA; ALVES, 2010). [...]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram