maculação

substantivo

full

tarnishment

noun

Comparative law notes

Brazil

The Brazilian Intellectual Property Act (Law No. 9,279 of 1996) protects trademarks against tarnishment. Even though sec. 130, III of the law uses the expression "zelar pela sua integridade material ou reputação", the concept is the same as tarnishment, here translated as "maculação".

Definitions of tarnishment

English

(INTELLECTUAL PROPERTY) the unauthorized use of a trademark which links it to inferior products or which portrays it in an unflattering way, so that the trademark loses value

Courts would not accept claims of tarnishment simply because a defendant's use might be considered to be in poor taste by some consumers.