APPEAL - COPYRIGHTS. Suit proposed to impose obligation and claim compensation for material and moral damages. Request for urgent anticipated measures. Defendant's appeal. Copyright infringement by the use of drawings created by the author, without his authorization and without due credit, used on T-shirts made by the defendant. Material damages that must take into account the number of pieces of clothing duly proven in the case file. Maintained, however, the obligation to post on its website and official page on the social network Instagram, for three consecutive days, notice that the work subject of the dispute, were authored by the plaintiff, as well as the obligation to stop using the plaintiff's design.
Plaintiff's appeal. Moral damages. Increase. Amount that should not be lower than the amount determined in the violation of the author's property rights. Precedents. Allegation of loss of a chance. Not proven. Hypothetical arguments that do not support the seriousness of the alleged chance or the probability of its future occurrence. Interest to be charged from the date of the damaging event. Defendant's and plaintiff's appeal partially upheld.