BRAZIL: Rio Court Voids ANGEL OF HAMBURG Trademark

The Ninth Federal Court of Rio de Janeiro has declared registration No. 917097378 for ANJO DE HAMBURGO & Design (ANGEL OF HAMBURG), in the name of GLOBO COMUNICAÇÃO E PARTICIPAÇÕES S/A (Globo), to be invalid.

The court also decided that the defendant should definitively refrain from using the trademark in any form. The lawsuit was filed by the estate of Eduardo Tess with the Brazilian Patent and Trademark Office (Common Proceeding No. 5063883-60.2020.4.02.5101/RJ), with the court making its decision on October 3, 2024.

Aracy Guimarães Rosa (1908–2011) is widely known in Brazil as “Anjo de Hamburgo.”

Mrs. Rosa was the head of the Passport Section at the Brazilian Consulate in Hamburg, Germany, from 1936 to 1942 and became a historical figure after helping hundreds of Jewish people obtain visas even though the Brazilian authoritarian regime prohibited granting visas to “Semites and other undesirables.” Because of her actions, Israel granted her the title of Righteous Among the Nations on July 8, 1982.

Globo filed an application to register “Anjo de Hamburgo” as a trademark as it intends to use it as the title of its forthcoming biopic of Mrs. Rosa.

On January 24, 2020, after the application was granted, Eduardo Tess, Mrs. Rosa’s son, filed an administrative cancellation proceeding based on the Brazilian Intellectual Property Law’s Article 124, item XVI, which forbids the registration of well-known pseudonyms without the consent of their owner or their heirs.

Globo’s reply dated May 18, 2020, mentioned the Brazilian Supreme Court’s decision that biographical works, in order to be broadcast, do not need prior consent of the biographed person or that person’s family (ADI No. 4815).

Thus, Globo added that it did not need consent to tell the story, and it would be nonsensical to forbid the company to name the biopic after Mrs. Rosa and to register the term related to the TV show as a trademark.

Globo further claimed that, according to the Brazilian Civil Code, third parties cannot use pseudonyms without authorization if they expose the person to public scorn or if they use it in advertising. Globo’s TV show does not fit such criteria because its purpose is to highlight Mrs. Rosa’s qualities and cannot be mistaken as an advertisement since it is a work of art.

Judge Netto’s decision acknowledged that the Supreme Court’s decision and the Brazilian Constitution’s principles regarding free speech allowed Globo to proceed with the biopic and use the alias in it, including as its title. Nonetheless, the company cannot register it as a trademark or use it commercially in the Brazilian market without the heirs’ authorization.

Globo may appeal.

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