Is the Guarana Power Label an Instance of Trademark Infringement?
But does the Guaraná Power label infringe on AmBev’s trademark? There is reason to argue that it does not–at least if a recent American precedent presents a useful guide. First, the Guaraná Power label likely does not infringe the trademark directly because there is little likelihood that consumers will be confused. And preventing such confusion is one of the main purposes of trademark law. Confusion is virtually impossible in this case. The label doesn’t present the product as coming from the makers of Antarctica; it presents the product as coming from those who oppose Antarctica. It couldn’t be plainer that the makers of Antarctica do not sell or endorse — and, indeed, are probably annoyed and aggravated by the existence of — Guaraná Power. Furthermore, a recent Supreme Court case suggests that AmBev may also not have a case for “dilution” of its trademark. (Dilution can occur without confusion, if the result of a use of a trademark is to diminish its forcefulness as an identifier
