Atlético-MG appeals decision after losing lawsuit against Galo da Madrugada for trademark use: 'It doesn't make sense', says lawyer
Atlético-MG is appealing a federal court decision against its claim that the carnival bloc Galo da Madrugada infringing its trademark 'Galo Folia.'
Atlético-MG, a Brazilian football club, has appealed a federal court ruling that denied its request to prevent the carnaval bloc Galo da Madrugada from using the trademark 'Galo Folia.' The club argued that utilizing this name infringes upon its intellectual property rights, but the court found no merit in their claims. The club, whose mascot is a rooster, emphasized its intent to safeguard its registered trademarks within its market segment.
Gustavo Escobar, the lawyer representing Galo da Madrugada, dismissed the club's appeal as 'nonsensical.' He elaborated that trademark registrations are categorized by classes that are meant to categorize products and services, suggesting that Galo da Madrugada has legitimate claims to its use of the name. Escobar noted that the bloc has successfully registered multiple trademarks including the term 'Galo' within the same class, reinforcing their position in the dispute.
The appeal was filed on February 12, and it highlights the complexities involved in trademark law, particularly in scenarios where both parties emphasize their historical use of similar names. The case raises important questions about how intellectual property rights are protected within the context of Brazilian cultural events such as Carnaval, where names and brands often overlap due to the festive nature of the occasion.