Starz, the Lionsgate-owned content company, has won the case it filed against Disney in a Brazilian court, in order to restrain Disney from launching its brand “Star+” in Brazil. Starz had pleaded in court that the Disney brand name “Star Plus” creates confusion in the minds of consumers, and also infringes on its trademarks, as it looks and sounds very similar to the name of its streaming service, “STARZPLAY”.
As a consequence of losing the case, Disney has been issued a temporary restraining order by a Sao Paolo court, disallowing Disney to use the brand name “Star Plus” when it launches the service in Brazil on 31st August. The presiding judge ruled that “The plaintiff proved to have priority of use and registration in Brazil over the word mark ‘STARZPLAY,’ including for identifying entertainment services, which grants it the right to protect its reputation and material integrity.”
His order stated, “Obviously, a consumer, when referring to the streaming services offered by the parties, will not do so by saying that he watched a movie through “STARZPLAY” or “STARPLUS”, but simply through “STAR”.
This is the first ruling in favour of Starz, out of the several it has filed against Disney in the Latin American countries of Mexico, Brazil and Argentina. Disney is slated to launch its “Star Plus” brand in August in most Latin American countries. “STARZPLAY” has been operational in Brazil and other Latin American countries since 2019.
Starz’s plea for an injunction against Disney in Argentina has been denied by an Argentinian court, while ruling is still pending in Mexico.
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