Business · Companies · 9 hrs ago
Hasbro and Estrela dispute rights to classic Brazilian board game brands
US toy company Hasbro and Brazilian toy maker Estrela have been in a legal dispute over game brands and product packaging for nearly two decades.
Their business partnership began in the 1970s, when they adapted and sold Hasbro games in Brazil.
Hasbro says Estrela failed to pay royalties under a 2003 licensing contract and has sought ownership of trademarks registered to Estrela.
Estrela argues that game rules are not protected by patents or copyright in Brazil, and that some of its registrations predate the contract.
In 2019, a São Paulo court ruled for Hasbro, and the state court upheld the decision in 2021, ordering Estrela to pay about 52 million reais in royalties and transfer more than 20 brands.
The state court also ordered Estrela to stop selling Super Massa products with packaging it considered similar to Hasbro’s Play-Doh, while leaving Banco Imobiliário out of the ruling.
Hasbro has appealed to Brazil’s Superior Court of Justice, whose decision could affect ownership of the disputed brands.
Hasbro and Estrela are disputing ownership of intellectual property rights to several popular Brazilian board game brands.
The case, which has lasted nearly two decades, is awaiting a decision by Brazil’s Superior Court of Justice.
Hasbro is seeking to transfer registrations held by Estrela and has accused it of copying aspects of Play-Doh packaging for its Super Massa products.
A São Paulo court ruling ordered Estrela to pay about R$52 million in royalties and transfer more than 20 brands to Hasbro, while excluding Banco Imobiliário.
- Who
- Hasbro, the US toy company, and Estrela, the Brazilian toy company.
- What
- They are disputing intellectual property rights to classic game brands and other products.
- When
- The dispute dates to around 2009 and is awaiting a decision by Brazil’s Superior Court of Justice.
- Where
- Brazil, including proceedings in São Paulo and before the Superior Court of Justice.
- Why
- Hasbro alleges that Estrela failed to pay royalties under a 2003 licensing contract and disputes its rights to certain brands. Estrela argues that the brands were registered in its name and that game rules are not protected by patents or copyright in Brazil.
Hasbro
Estrela
Rights to brands
Hasbro
Hasbro is seeking to transfer registrations held by Estrela and expand recognition of its ownership of other brands.
Estrela
Estrela says the disputed brands have been registered in its name for decades, including before the 2003 contract.
Royalties
Hasbro
Hasbro alleges that Estrela failed to pay amounts due under the licensing contract.
Estrela
Estrela disputes Hasbro’s claims; the article says it argued that game rules are not protected by patents or copyright in Brazil.
Traditionally, a licensing contract is the instrument by which the holder of an intellectual asset, such as a trademark, patent, software or copyright, authorizes a third party to use or commercially exploit it for a set period, without transferring ownership of the asset.
Industrial property law includes, among its criteria, the value of the licence the infringer would have paid. Claiming unpaid royalties is common.
The TJ-SP cited a figure of more than R$52 million as a risk, but it is not the amount finally determined.
Hasbro and Estrela established a partnership to adapt and sell Hasbro products in Brazil.
The companies signed a licensing contract.
The relationship deteriorated after Hasbro established its own import and distribution operation in Brazil and sued Estrela over alleged unpaid contract amounts.
A São Paulo civil court ruled in Hasbro’s favor.
The São Paulo Court of Justice upheld the ruling, including orders concerning royalties, brand transfers and Super Massa packaging.
The dispute is awaiting a decision by Brazil’s Superior Court of Justice.
- Disputed brands
- Jogo da Vida, Detetive, Genius and Banco Imobiliário
- Court-ordered royalties
- About R$52 million
- Brands ordered transferred
- More than 20
- Banco Imobiliário registration evidence
- Documentation dated 1951
- Super Massa
- Packaging was found similar to Play-Doh packaging by the São Paulo Court of Justice
Sources
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