A bet by the pharmaceutical company Cimed to reduce the dependence of the pharmaceutical area in the company's revenue, the recently launched Urso brand of supplements, which features the animal as its mascot, is prohibited from being advertised and sold, under the allegation of using an image already consolidated in the market, according to a restrictive decision by the Court of Justice of São Paulo.
The lawsuit was filed by JA Hard Nutrition, owner of the Under Labz brand of high-performance and bodybuilding food products, created in 2021, which has always used the bear as its visual identity.
The preliminary injunction was published in the Official Gazette on Tuesday, February 3rd, and issued by Judge Bruno Paes Straforini of the 1st Civil Court of the district of Barueri (SP). On Thursday, February 5th, Cimed filed an appeal contesting the decision. NeoFeed had access to the full proceedings.
The brand was launched at the end of December and widely publicized in January on the social media channels of Cimed and the company's CEO, João Adibe Marques. The images presented of the fitness-related items feature a bear, as if it were a bodybuilder, with a strong presence of the color yellow, which characterizes Cimed. The businessman did not disclose the date when the products would be available on the market.
In its petition to the court, JA Hard Nutrition alleged that it "was surprised by the massive dissemination, especially on the social media of the second defendant (Adibe), of the launch of a new line of supplements under the brand name "URSO" (BEAR), also accompanied by a figurative representation of the animal, which would characterize ideological imitation, unfair competition and parasitism, capable of generating confusion among consumers and diluting the distinctive value of its brand."
In the process, Cimed argued that the term and the image of the bear "are in common use, lacking distinctiveness, and there is no confusion or undue association."
It also alleged that consumer comments on social media mentioning the similarity in style of the brand, attached to the lawsuit by the owner of Under Labz, had been "artificially stimulated."
In the ruling, the judge stated that "the defendants' launch of products in the same segment of food supplements, adopting the brand 'Urso' and an ideological identity similar to that developed by the plaintiff, reveals, for now, evidence of conduct capable of characterizing unfair competition."
Straforini further stated that maintaining the use of the trademark would cause harm to Under Labz, "insofar as it is clear that the defendants hold a significant economic advantage over the plaintiff, a circumstance that could compromise its performance in the market."
He further wrote in his decision that the continuation of the marketing actions could generate "customer diversion," causing, according to the magistrate, "financial losses that are difficult to repair, as well as inducing consumers into error."
In granting the preliminary injunction, the judge ordered Cimed to immediately cease advertising the Urso brand and making any reference to the animal, as well as deleting any posts already made on the company's and CEO's social media accounts, under penalty of a daily fine of R$ 10,000, up to a limit of R$ 300,000.
The judge also prohibited the pharmaceutical company from launching any product from this brand's line or with the same visual representation, under penalty of a fine of R$ 2.5 million. The merits of the case are still to be judged.
The fact is that there is no longer any mention of the new bodybuilding supplement brand on Cimed's and Adibe's digital platforms. Urso's own social media page is no longer online.
Even digital influencer Toguro, who became famous for the "energy flavor" meme and was recently announced as the new head of communications at Cimed, has stopped talking about Urso's products.
The legal battle between Cimed and JA Hard Nutrition is over a share of a market that is expected to reach close to R$10 billion by 2028, according to data from Euromonitor International.
With annual growth exceeding 20%, the Brazilian market for dietary supplements, currently the third largest in the world behind only the United States and Australia, has creatine and whey protein as its main products.
As part of its plan to expand its range of market segments, the company announced on Monday, February 2nd, the acquisition of the oral hygiene brand IceFresh , a company with an annual revenue of R$ 200 million.
The plan, revealed by Adibe, is to capture 10% of the market share in the oral care segment in Brazil, a sector that generates R$ 20 billion. This action follows the strategy of making the hygiene, beauty, and personal care area represent more than half of Cimed's revenue.
“Cimed is moving away from the DNA of a pharmaceutical company to become a consumer goods company as well. Over the last four years, we have accelerated this process,” Adibe told NeoFeed at the time of the IceFresh acquisition.
By 2026, the pharmaceutical company projects revenues of R$ 5 billion, including plans for new acquisitions and entry into the slimming pen sector. Within five years, the forecast is to reach R$ 10 billion.
In a statement to NeoFeed , Cimed reported that "it received the decision with surprise, however it reaffirms its full confidence in the Judiciary and in the correct application of the law. For this reason, the company will take the appropriate measures to seek a reversal of the decision, believing that the matter will be duly reassessed by the competent authorities."
He added that "the company further reinforces its confidence in the ethical way it conducts all its operations and appreciates the expressions of support from consumers who have taken the same position."
The owner of Under Labz, also in a statement to NeoFeed , says that "it holds trademark registrations duly granted by the INPI (Brazilian National Institute of Industrial Property), through which it legally acquired the right to use, economically exploit and protect its name and symbol, represented by the figure of the bear, in an exclusive and distinctive manner. These registrations ensure Under Labz the right to exploit its distinctive sign as an element of identification of the business origin of its products."
"Under Labz wishes to express its respect for Cimed, recognizing its historical relevance in the national pharmaceutical sector and its fundamental role in expanding access for the Brazilian population to medicines at more affordable prices, legitimately contributing to public health in the country," says the statement, signed by CEO Fernando Malmegrin, partner of Jaime Andolfato in the company.
“Healthy competition is built upon the creation of unique, original, and authentic identities. Under Labz reiterates that it has no intention of questioning the reputation, integrity, or trajectory of Cimed or its CEO. Its actions are limited, responsibly and legitimately, to protecting its most valuable asset: its brand, its distinctive symbol, and the meaning built over years of work,” the company concludes.
