Famous soccer player is sued for a brand he helped to popularize but failed to register

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The brazilian sports news published an unusual story this week. Bruno Henrique, striker of Flamengo, was sued by a supporter of the soccer club to pay close to R$ 13 million charged with trademark infringement. Josineide Constantino Dantas wants to enjoin the soccer player from commercially exploiting the brand “Outro Patamar”, that in english should be translated to “another level”, arguing that she is the one who registred the brand at INPI (National Institute for Industrial Property, in Portuguese). Therefore, she would be the only one allowed to use the brand for economic reasons.

The expression “another level” was used by Bruno Henrique in 2019 after a game against Vasco da Gama, to taunt the eternal rival because Flamengo was on the verge to win both national and continental championships. The expression soon became a slogan, rap music and a sporting goods store own by Bruno Henrique himself. At the time, Josineide, a Flamengo supporter, thought the expression could be a good name to be commercialized and registered it with the INPI. Now, Josineide is suing Bruno Henrique for a millionaire indemnity charging the soccer player with trademark infringement and undue profits.  

This unusual episode shows once again that it is imperative to register and protect one’s trademark and prevent for falling victim to the same trademark.

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