After years of fighting in court, the imbroglio involving the rights of the brand “Legião Urbana” came to an end. The fourth class of the Superior Court of Justice (STJ) maintained this Tuesday (29) the permission for musicians Dado Villa-Lobos and Marcelo Bonfá to use the name of the legendary rock band from the 80s and 90s in concerts.
The company “Legião Urbana Produções” was inherited by the son of singer Renato Russo (who died in 1996), Giuliano Manfredini. The company was registered in 1987 at the National Institute of Industrial Property (INPI) by the three original members of the band, but Villa-Lobos and Bonfá sold their shares to Renato.
+ STF sends case on former governor of Minas to Electoral Court
+ SP Justice orders the suspension of the BRT contract made without bidding
The court discussed the right of the two former members of the band to perform under the name Legião Urbana without having to pay royalties or request authorization from the company that owns the brand. The decision was broken with the casting vote of minister Marco Buzzi, who claimed that the musicians are co-authors of the works and that the band is rooted in both personal and professional lives.
Manfredini appealed to the STJ after losing the case at the 7th Business Court in Rio de Janeiro. He claims, for example, that Paul McCartney plays shows with 90% of the Beatles’ repertoire, but he never used the name after John Lennon’s death. On the other hand, the musicians cite cases such as Queen, which continued playing shows after the death of Freddie Mercury, and also Titãs, which has only three of the eight members of the original formation.
The company Legião Urbana Produções expressed its opinion after the judgment and, through an official note, criticized the court decision, which “puts at risk the legal security of the registration of trademarks in the country and sets a dangerous precedent in relation to the protection of industrial property”.
For Buzzi, the discussion on the name Legião Urbana involves intangible heritage, unlike the argument of ministers against the decision (Isabel Gallotti and Felipe Salomão), who understand that it is a limitation of property rights since the exclusive use of the name of the band was not respected.
+ Learn about the effectiveness of each vaccine against Covid-19