Uso de expressão popular para nomear empresa não gera concorrência desleal
O uso de expressão popular para nomear empresa não gera concorrência desleal. Com esse entendimento, a 2ª Câmara Comercial do Tribunal de Justiça de Santa Catarina manteve sentença que não reconheceu concorrência desleal entre duas empresas, atuantes no ramo da informática, que usam S.O.S em seus nomes.
A empresa autora pedia também indenização por danos morais, ao sustentar que a outra marca estava com o intuito de confundir seus consumidores. Os argumentos não convenceram o órgão colegiado.
O desembargador Dinart Francisco Machado, relator da apelação, explicou que a proteção à exclusividade do nome empresarial se limita ao território do estado onde foi efetuado o registro.
No caso concreto, os nomes foram registrados em estados diferentes. Além disso, acrescentou, não há como conferir proteção a uma palavra de uso comum, exceto quando revestida de suficiente forma distintiva.
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