Preliminary Notes on the ‘Intangible Elements of Commercial Identity’

As the current Law (at least Brazilian Law) considers that trademark, internet domain and businesses names have distinct legal objectives, the most logical solution from the point of view of commercial strategy is to seek the protection of each one separately. By grouping and concentrating these three elements mentioned in an activity or business system, we assume that is a facilitator to the joint protection of the commercial identity. Three characteristics are fundamental for the good positioning of the market regarding the identification by the consumer. ‘Who' negotiates, signs agreements and contracts; a distinguishing sign that allows its identification; and a mean of communication that can spread businesses purpose efficiently. In other words: a business name, a trademark and a domain on the internet. These three aggregate elements and the conflicting relationships among them were the subject of the exploratory study titled: (English Title: LLC.COM(R) - An exploratory research about the conflicts between Trademark, Business Name and Internet Domain analyzed from Jurimetrics and Data mining) (Portuguese Title: LTDA.COM(R) Uma pesquisa exploratória acerca dos conflitos entre Marca, Nome Empresarial e Domínio na Internet analisados a partir de Jurimetria e Data mining'). From the study, it was conceived that through the three aggregate registers, and, working the distinctive aspects in order to achieve a market identity by Trade Dress configurations, as being the most effective way to guarantee the protection of what we designate as: ‘Intangible Elements of Business Identity'.Portuguese version (VERSÃO EM PORTUGUÊS): "https://ssrn.com/abstract=3294739" https://ssrn.com/abstract=3294739