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Advertising battle

Coco Bambu beats Outback and can keep the slogan of  best restaurant

The judge understood that the slogan has a subjective nature and is part of common marketing strategies.

From the Editors

 

Thursday, February 6, 2025

 

Updated at 11:29

 

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Coco Bambu will have the right to use the slogan The Best Restaurant in Brazil after Outback accused it of unfair competition.

 

Judge Larissa Gaspar Tunala, from the 1st Business and Arbitration Disputes Court of São Paulo/SP, decided that the expression is subjective and forms part of superlative advertising, without constituting unfair competition or misleading.

 

 

 

Judge rules that Coco Bambu can keep the slogan contested by Outback and dismisses accusation of unfair competition.

The imbroglio

 

The Coco Bambu restaurant adopted the slogan The Best Restaurant in Brazil in its advertising campaigns. Outback disputed the statement and reported the case to Conar, claiming that the phrase could mislead consumers and constitute unfair competition, since there was no objective proof of the supposed superiority.

 

In response, Conar recommended that Coco Bambu change its slogan to something more specific. The restaurant complied with the guidance and began using the version The Best Restaurant in Brazil According to the Set of Reviews and Awards Traveller's Choice Award, Set of Reviews on Tripadvisor and NPS Award 2022", basing its statement on awards.

 

Still, Outback contested the campaign again, claiming that the new formulation was still inadequate, and filed a new complaint with the regulatory body.

 

Faced with the competitor's insistence and Conar's demands, Coco Bambu appealed to the courts, requesting recognition of the right to maintain the slogan without suffering penalties.

 

Decision

 

In the ruling, the judge dismissed the argument of unfair competition and recognized the legality of the superlative advertising used by the restaurant.

 

The average consumer is not innocent enough to take the information provided in 'Coco Bambu - The Best Restaurant in Brazil' as the absolute truth.

 

She highlighted that the term better has a subjective meaning and that "no expert report would be sufficient to support the thesis supported by the defendant.

 

The decision highlighted that superlative advertising, known as puffing - characterized by the use of exaggerated adjectives to praise a product or service - is recognized as a legitimate practice by the STJ.

 

The Superior Court of Justice has established an understanding regarding the legality of 'puffing' in the advertising environment, recognizing the lawfulness of the practice under Brazilian law, which allows its use for purely advertising purposes without resulting in unfair competition or misleading advertising.

 

Following this understanding, the judge highlighted that, in the case of Coco Bambu, the slogan is, therefore, an exaggerated statement that depends on a subjective critical assessment for verification, without objective measurement, dispensing with technical proof.

 

The judge also highlighted that Outback itself uses superlative advertising without question. She pointed out that the chain has already run campaigns such as the tastiest Easter dessert of the year has arrived.

 

Therefore, if it is required that all advertisements include all the information regarding who, when, and how many units were awarded, it puts an end to the advertising market itself, since the advertiser, who cannot lie, does not need to be as precise and specific as required.

 

Therefore, the judge determined that Outback must refrain from any conduct contrary to the use of slogans by Coco Bambu and that Conar must not impose penalties on the restaurant chain.

 

In addition, the judge dismissed Outback's counterclaim and ordered the company to pay attorney's fees and legal costs.

 

 

Case :  1083308-68.2024.8.26.0100

 

 link: https://www.migalhas.com.br/quentes/424179/coco-bambu-vence-outback-e-pode-manter-slogan-de-melhor-restaurante