MasterChef Program may change its name; understand the process
- July 7, 2022
- No Comment
Since the program’s debut in Brazil, two companies have been fighting a legal battle over the registration and use of the Master Chef name
The name Master Chef can refer to two distinct projects in gastronomy. The first, written with the two separate words, is registered with the INPI (National Institute of Industrial Property) in 2001 and refers to the Argentine gastronomy institute Mausi Sebess. The name MasterChef, with the spelling together, has been used by Endemol since 2014, and refers to the culinary reality show. Since the program’s debut in Brazil, companies have been fighting a legal battle over the registration and use of the name.
On Tuesday (5), the dispute over the use of the Master Chef brand in Brazil gained another chapter. The lawsuit by Shine TV Limited and Endemol Shine Brasil Produções Ltda was dismissed in the courts, with the decision of the Federal Court that recognizes the right to the trademark to the Argentine company Mausi Sebess.
The companies responsible for the homonymous TV show filed a lawsuit to declare the trademark registration at Inpi null and void. However, the 25th Federal Court of Rio de Janeiro agreed that there is no reason to cancel the registration and also stressed that the Argentine company has rights over trademark and use of the trademark in Brazil prior to the premiere of the TV show.
In Argentina, Endemol sought an agreement for the use of the brand, which was approved by Mausi Sebess. However, the same was not done with the Brazilian edition of the program. According to the Argentine company, the use of the Brazilian brand has been irregular since 2014.
“The decision is important, as it prevents what would be a destabilization of the system for the protection of Intellectual Property rights, legal uncertainty and absurdity from the point of view of law. The broadcasting of a TV show, even if very successful, cannot override the right to use the trademark, which was registered following all legal procedures”, observes lawyer Luis Fernando Matos Jr., founding partner of the Matos & Associados office. , which specializes in intellectual property and has been defending Mausi Sebess in this dispute with the owners of the cooking show format.
The Argentine company has questioned in court the right to use the name Master Chef by the program aired on Band. According to the lawyer, as a last consequence, the program could change its name.
The use of the Master Chef name in Brazil by Mausi Sebess may be explored until 2027 to identify various services related to gastronomy, education and entertainment services, including television programs.