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

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

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