Direito de marca e regulação: o caso Louboutin

Abstract

The aim of this article is to analyze the Louboutin case from the perspective of regulatory law. Utilizing Herbert Hart's legal positivism as the methodological approach and employing the deductive method as the procedural methodology, the interactions between trademark law and regulatory law are explored. This research is based on two qualitative research modalities: primarily, a literature review, and secondly, a case study focused on the registration procedure of Louboutin's position mark at INPI (Brazil's National Institute of Industrial Property). The results highlight the significance of analyzing trademark law through the lens of regulatory law, with particular emphasis on the role of INPI. The research contributes to filling a literature gap by examining the Louboutin case from a regulatory perspective and underscores the importance of considering state intervention in the market through trademark law at both legal and infralegal levels, particularly in peripheral countries like Brazil.