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Those who follow the auto market will surely remember the case involving the Mini brand, which is represented by BMW do Brasil, and Lifan, the Chinese car brand.

In 2010, Chinese automobile manufacturer Lifan launched the Lifan 320 model on the Brazilian market, and started na unfair competition war with the already famous Mini Cooper model, manufactured by BMW.

In 2012 BMW of Brazil filed a lawsuit seeking the immediate suspension of sales of this Model due to existing unfair competition. Although BMW was granted with early relief, the Court of Justice overturned the lower court’s ruling, “allowing” even preliminary, the continued sale of the Lifan 320 model.

7 years after filing the lawsuit, Rio de Janeiro Court of Justice finally ruled the case, and sentenced Lifan for unfair competition, ordering compensation for moral and material damages to BMW of Brazil.

The problem is the time that such ruling took. The Lifan 320 model has not been sold in Brazil since 2014, and the last units were model 2013. That is, the sentence arrived five years late for BMW.”

Lawyer Author of the Comment: Vittória Cariatti Lazarini

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

 

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