This study intends to discuss if the use of a trademark protection system by soccer corporations is the most effective mechanism given Pelé Law (Law n. 9.615/1998) perspective, considering literature findings about trademark merchandising, personality rig

Abstract

This study intends to discuss if the use of a trademark protection system by soccer corporations is the most effective mechanism given Pelé Law (Law n. 9.615/1998) perspective, considering literature findings about trademark merchandising, personality rights and author's rights. For that purpose, it was investigated the use of a trademark system by the top five soccer corporations during Brazilian championship in 2018, according to Brazilian Soccer Confederation (CBF). The data was extracted from TM View database and from trademark database at National Institute of Industrial Property (INPI). From a critical reflexive discussion, the study focus on the controversial use of sportive designations as trademark under industrial property law protection in contrast to under Pelé Law protection approach. The conclusion reveals that trademark protection may not be the most strategic option in fact and, therefore, efficient, due to perspective granted by Pelé Law to support the exploration of business model based on licensing agreements and merchandising of designations of sportive corporations.