Marianna has been working with Intellectual Property since 2000. She became a partner of Montaury Pimenta Firm in 2002 and is one of the heads of the litigation department since 2011. Marianna’s experience covers all aspects of intellectual property with special emphasis on civil litigation involving trademarks, copyright, industrial designs, domain names and unfair competition & trade dress, as well as in the development and enforcement of strategies for protection and enforcement of these rights.
Marianna is highly specialized in Digital Law and Data Protection & Privacy and has solid experience in lawsuits involving IT Law related matters. Marianna has extensive experience in representing and advising clients in said fields and she has litigated representing major technology and social media companies in several Federal and State Courts across the country.
Despite being a litigator, she is recognized as a skilled negotiator managing to avoid litigation or negotiating creative agreements that are interesting for the litigating parties.
Marianna’s practices include:
- evaluation of potential litigation risks, with the aim of, whenever possible, avoiding litigation;
- collaborating with corporate departments to review, developing solutions and advising on litigation strategies;
- handling and monitoring a variety of litigation matters, across the country;
In addition to participating in international conferences and seminars as a speaker or moderator, Marianna is constantly recognized for her practice in the most renowned rankings in the area such as: WTR1000, IP Stars (including World´s TOP 250 Women in IP in 2021, 2022), Best Lawyers, Latin Lawyers and Leaders League.
Academic Background
- L.L.M, Intellectual Property and Innovation, Brazilian Patent and Trademark Office Academy, 2011.
- Postgraduate degree, Civil Procedure, State University of Rio de Janeiro, 2004.
- Postgraduate degree, Intellectual Property, Catholic University of Rio de Janeiro, 2003.
- Law degree, Catholic University of Rio de Janeiro, 2001.
Professional Experience
- Professor of Intellectual Property Law at Estacio University (2004-2008);
- Monthly columnist on digital law in the specialized Brazilian magazine named “Webdesign”;
- Panelists for ABPI’s Domain Names Dispute Resolution Center related to “.br” Domain Names;
- Active member of ItechLaw Association and ABPI (Brazilian Intellectual Property Association);
- Coordinator of the Commission of Studies of Digital Law at ABPI.
Publications
- “The Olympics and Intellectual Property” - Article published on August 28, 2008 in the Valor Econômico newspaper.
- “The Memory of the Brand in Showbiz” - Article published in the magazine Ownership & Ethics, March / April 2009 edition
- “Trade Dress & Web Sites” - Article published in Magazine nº 100 of the Brazilian Intellectual Property Association (ABPI), Special Edition, May / June 2009.
- “Does it Matter if the Judge Laughs? Practice on the use of Parody as a defense against trademark infringement ”- Article published in Mananging Intellectual Property Magazine in November 2010.
- The New Administrative Procedure for the Resolution of Conflicts involving Domain Names .br - Article published in Magazine No. 109 of the Brazilian Intellectual Property Association (ABPI), November / December 2010.
- “New Alternative Proceeding for the Resolution of Domain Name dispute in Brazil” - Article published in ITech Law News of December 2010.
- "Sponsored Links Services: Trademark Violation by the Search Website?" - Article published in Magazine No. 112 of the Brazilian Association of Intellectual Property - ABPI, May / June 2011 edition.
- “Brands and Virals in Social Networks” - Article Published on October 10, 2012 in Valor Econômico newspaper
- “The Value of Innovation” - Article Published in Oct 2012 in Jornal do Comércio.
- “Contributory Trademark Infrigement” and “Functionality Doctrine” - chapter on the commemorative book of 25 years of the Gusmão & Labrunie Intellectual Property Firm August 2013.
- “La Memoria de la Marca en el Mundo del Espetáculo” - Article published in the special supplement Brasil by Marcasur Magazine, March 2014.
- “Search Engines - Sponsored Links” - Article published in The Trademark Lawyer Magazine in September 2014.
- “The Perils of Trying to revive a band’s brand” - Article published in Mananging Intellectual Property Magazine on September 26, 2014.
- “Trade Dress and The Protection of Websites” - Article published in IP Era Magazine in November 2014.
- “The Rules on Recovering Costs” - Article published in Mananging Intellectual Property Magazine on April 14, 2015.
- “The Liability of Marketplaces in case of Intellectual Property Infringement” - Article published in Consultor Jurídico (CONJUR) in November 2018.
- “OnLine Brand Protection” - Article published in Mundo Marketing in April 2019.
- “Liability of Online Marketplace Platforms in Brazil", Lexology, May 2019.
- “The Liability of Marketplace Platforms - Interpretation of the European Court of Justice and the Brazilian Courts”, Lexology, June 2020.
- “Privacy in Covid-19 times” - Article published in Consultor Jurídico (CONJUR) in August 2020.
- “LGPD (The Brazilian GDPR) in force: What to do now!?!”, AMCHAM (American Chamber of Commerce), October 2020.
- “Saci-Adm completa 10 anos solucionando conflitos com domínios na internet”, Law Innovation, December 2020.
- “Kipling obtém vitórias na Justiça em casos de violação de imagem de produtos”, Conjur, January 2021.
- “O registro de nomes de domínio genéricos como marca”, Jota, January 2021.
- “Dos limites à publicidade comparativa”, PROPMARK, January 2021.
- “Comparative advertising and its limits”, ILO (International Law Office), February 2021.
- “Growing e-commerce market entails increased brand protection measures”, ILO (International Law Office), February 2021.
- "A importância da propriedade intelectual para as startups", Estadão, March 2021.
- "O Aumento do e-commerce no Brasil e a Importância da Contratação de Serviços de Online Brand Protection", Amcham Brasil, March 2021.
- "Uma nova era para as startups brasileiras", LexLatin, June 2021.
- "Marcas e games: parceria de sucesso", Estadão, September 2021.
- "Brazil - Luxury Law 2022", capítulo para a Jurisdição - Brasil do livro comparativo Luxury Law 2022, December 2021.
- "Musical group brand names - The position taken by the Brazilian Superior Court of Justice regarding ownership disputes", Lexology, May 2022.
- "Resultado favorável em disputa de marca para os ex-integrantes da banda 'Legião Urbana' completa um ano", Bom dia Advogado, June 2022.
- "Dia do Advogado reforça o uso da tecnologia no direito", Cota Jurídica, August 2022.
- "Bolsonaro pode buscar na Justiça recuperar domínio de site?", Migalhas, September 2022.
- "The Brazilian Superior Court of Justice issues its first decision on Sponsored Links and Unfair Competition Acts", Lexology, September 2022.
- "Suspension of Activities of Brazilian Courts during New Year’s Holiday Season", Lexology, December 2022.
- "Disputas judiciais de nomes de bandas no Brasil", Fator Brasil magazine, March 2024.
- "The new regulatory landscape in the Brazilian Betting market", Lexology, October 2024.
Professional Acknowledgements
WTR1000, IP Stars, Latin Lawyers, Best Lawyers and Leaders League.