Trademark dispute concerning big techs

Abstract

The activities of Big Techs challenge contemporary law on multiple fronts. Within the realm of trademark law, disputes involving Big Techs have acquired new layers of complexity. Leveraging their economic power, Big Techs may start exploiting trademarks that have been previously registered in the same sector by third parties in other countries, including Brazil. This article is focused on studying, through practical cases, the behavior of Big Techs in relation to conflicts involving trademark rights, in the light of Brazilian legislation, to determine if it could represent any illegality and, if so, what stance should be adopted. As will be seen, based on Brazilian legislation, it is evident that the posture of Big Techs in the analyzed field may imply a violation of industrial property rights, as well as the principles of free enterprise and free competition. Being a recent phenomenon, the issue cannot be analyzed solely from the perspective of the protection currently given to notorious trademarks, which does not consider scenarios of almost instantaneous notoriety that have not been developed over time. Favoring the trademark rights of Big Techs in these cases compromises the legal foundations upon which the exercise of economic activity in Brazil is structured, which must be countered.