Trade dress: a concorrência desleal como estratégia para suprimento da ausência normativa

Abstract

The trade dress is a study institute that is still new in Brazil, which seeks to protect the image as a whole, characteristic of brands or products with prominence and recognition established in the market. Its objective is based on preventing unfair competition, in order to deceive consumers in the market, which is both competitive and innovative. In this way, the present work intends, in a first moment, to present the requirements for the abusive practice and legitimate protection of the trade dress to be configured and, later, to bring a trajectory started internationally until what is identified as recognition of the need to protect the trade dress. institute in Brazil and the, albeit few, advances already identified.