STJ denies Burger King’s request for Madero to prove he has the “best burger in the world”

best burger in the world – Burguer King had its request denied last Tuesday (17) for Madero to prove that it has the “best hamburger in the world”, as it claims in marketing campaigns. The fast food segment restaurant requested that an expert test be carried out, to confirm or not the statement.

best burger in the world

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_{The Madero chain has around 270 restaurants in Brazil and are present in over 80 cities across the country. Photo: Playback/CNN}

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The action was filed by Burger King in 2016 in São Paulo and claimed that Madero had omitted the international research that would prove whether the company could use the slogan in its advertisements, another request made, was compensation for unfair competition and customer diversion with minimum amount of BRL 150 thousand. The dispute has been going on for years in court, Burger King obtained a favorable decision in the first instance of the Justice of São Paulo, but Madero reversed the determination in the Court of Justice, but the decision was unanimously maintained by the Third Panel of the Court, with five ministers.At the beginning of the trial on the 17th, the other ministers ridiculed the situation, asking if the rapporteur, Minister Paulo de Tarso Sanseverino, would choose which was the “best hamburger”. Paulo, however, emphasized that the central problem is competition law.“The bottom line here is the discussion of the best hamburger in the world. But the discussion here in this process is about the reversal of the burden of proof. And it is a matter of mixing competition law and consumer law, which is quite interesting. But the central point is competition law. Consequently, in line with the judgment under appeal, I am dismissing the special appeal”said Sanseverino.The rapporteur also pointed out that the provisions of the Consumer Protection Code convey clauses created to protect consumers from abusive and unfair actions by service providers, mainly those prohibiting misleading advertising, and for this reason he denied Burger King’s request. Burger King had justified that Madero did not show a source that presented a global market leadership. The restaurant chain considered that it had a reversal of the burden of proof.Featured Photo: Hamburger from the Madero restaurant chain. Playback/Slideshare