Ambev, represented by Siqueira Castro – Advogados, obtained an important victory in the São Paulo State Court of Appeal, allowing it to continue selling non-alcoholic Líber beer.  The plaintiff, Passarin Bebidas, owner of the Líder brand to designate cider, sought to bar the sale of the beer under the accusation of trademark violation. The reasoning was that even though the beverages are different, they can be mistaken for each other because of the similar spelling and pronunciation of the brands and the fact they are sold in the same establishments. 

The lower court rejected the suit, and Passarin appealed. Last Tuesday (March 24), the 10th Private Law Chamber of the state appellate court upheld the verdict, holding that consumers can distinguish between the two products, mainly because Liber beer does not contain alcohol while Líder cider does. Therefore, the existence of different target consumers means the two brands can coexist in the market. Passarin was also ordered to pay adverse court costs and attorney’s fees. The decision is still subject to further appeal.

Siqueira Castro – Advogados assisted the company in the defense. The firm was engaged because of its expertise, and the fact it has a multidisciplinary team with lawyers experienced in all areas of business law.

Counsel of Siqueira Castro - Advogados

Partner: Marcos Serra Netto Fioravanti

Associate: Luis de Carvalho Cascaldi