Post by account_disabled on Mar 11, 2024 20:00:20 GMT -8
Moral damage is understood as that which results from an act harmful to extra-patrimonial rights, affecting the very personal sphere of the person, be it legal or physical.
reproduction
Company will have to pay R$30,000 for using a competitor's name in a Google ad
Based on this understanding, the 9th Civil Chamber of the Court of Justice of Paraná confirmed the decision that condemned a real estate company from Londrina to compensate R$30,000 to a competitor for using its name as a keyword in GoogleAds .
In the appeal, the company Portugal Mobile Number List argued that the questioned decision was based on a basis not invoked by the plaintiff and that the name used in the advertisements is different from the commercial name of the appellee.
In this case, the company used the keywords "Andre" and "Paulino", and not the commercial name registered by the competitor, which is André Paulino Negócios Imobiliários Eireli.
However, when analyzing the case, the rapporteur, judge Roberto Portugal Bacellar, pointed out that the appellant company took into account in the appeal only an excerpt from the initial petition and did not consider the cause and the request as a whole, in a systematic way.
"It appears that the author based her request on the occurrence of unfair competition due to the term 'André Paulino', which, in turn, is directed on Google to the legal entity 'André Paulino Imobiliária', thus at no time is the improper use of the name of an individual, as reference is made to the real estate company at all times in the initial petition", he explains.
The judge recalled that the appellant company operates in the same commercial sector and that the allegation that they negotiate properties at different levels is not convincing.
"It is uncontroversial that the appellant used the term 'Andre Paulino' to associate it with its competing company, in the same real estate sector, which causes confusion among consumers, considering that when searching on Google, users were led to a different advertisement ', he pointed out.
Finally, the judge understood that the amount of compensation established by the court of origin was adequate in relation to the appellant's economic capacity and denied the appeal. The vote was followed by the collegiate.
The company authoring the action was represented by lawyer Alison Gonçalves da Silva .