Star blocks court order that ordered her to destroy toys

In the war between Estrela and Hasbro, the Brazilian won a battle against the American. Estrela filed an appeal with the Presidency of Private Law of the TJ-SP (Court of Justice of São Paulo), asking for the suspension of the provisional execution of the sentence handed down on February 8 by the court, and was granted this Friday (18) .

By the sentence, the company had been ordered to destroy the Super Massa clay pots, because the Justice understood that they refer to the competing brand Play-Doh, from Hasbro.

The court order also ordered Estrela to transfer to Hasbro the name Super Massa and 16 other trademarks registered by the Brazilian company at the INPI (National Institute of Industrial Property). The sentence had also condemned Estrela to pay R$ 50 million in royalties to the American.

“Now the São Paulo Court has understood that it is necessary to prevent any action until the Superior Court of Justice [STJ] analyze if there is a patent for game rules in Brazil”, he told sheet the lawyer who defends Estrela, Henrique Ávila, from Sergio Bermudes Advogados. Wald, Antunes, Vita e Blattner Advogados is also defending the Brazilian.

“Estrela understands that there is no patent for game rules in Brazil and that the brands belong to it, as they always were, and not to Hasbro”, stated Ávila.

Hasbro, whose defense is made by Lee, Brock, Camargo Advogados, argues in the case file, to which the sheet had access, that the contract with Estrela consisted precisely of adapting foreign games to the Brazilian market. These games were developed by her, Hasbro, or by companies that were later acquired by her.

Until 2007, Estrela paid royalties for the use of brands such as Jogo da Vida, Genius and Detective, which are now the focus of the legal dispute. Sought, the defense of Hasbro did not comment until the closing of this report.

Estrela and Hasbro have been business partners since the 70s. In an interview with sheet published at the end of February, the president of Estrela, Carlos Tilkian, stated that Hasbro decided to unilaterally break the agreement with Estrela in 2007. “They decided that it was convenient to open a commercial office here in Brazil and import, they never wanted to produce anything in country,” he said.

There is no deadline for judgment of the case in the STJ.