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Chiclets versus XClé: uma análise multimodal das marcas no processo de disputa legal

2019; University of Porto; Volume: 6; Issue: 1 Linguagem: Inglês

10.21747/21833745/lanlaw/6_1a3

2183-3745

Elizete de Azevedo Kreutz, Carminda Silvestre,

Semiotics and Representation Studies

In 2006 Cadbury Adams Brasil Ltda, owner of the trademark Chiclets, led a lawsuit against Docile Alimentos Ltda, demanding the revocation of their trademark XClé for infringement.Drawing examples from this trademark dispute we present a theoretical framework and its technical basis to present the argument which enabled the defendant to win the case.We interpret language within the perspective of Social Semiotics with a focus on multimodality and set out to demonstrate its usefulness with examples from trademark disputes in identifying links between Law, Linguistics and Semiotics.Using a nationally well-known Brazilian trademark as an example we will show through a focus on naming and packaging how a multimodal analysis can be used to defend against a charge of trademark infringement.