Kalobras v. Ilumi: São Paulo appeal dismissed in triple socket patent dispute
Kalobras Trade of Electrical Products Ltda brought an infringement action against Ilumi Industry and Trade Ltda over Brazilian utility model patent BRMU1310424U2, covering a triple 2P+T electrical socket with support rated at 10A/250V. The Court of Justice of São Paulo dismissed Ilumi’s appeal and increased attorney fees by 15% of the updated conviction value.
São Paulo court rejects Ilumi’s appeal in socket patent infringement case
Kalobras Trade of Electrical Products Ltda, holder of Brazilian utility model patent BRMU1310424U2, initiated an infringement action against Ilumi Industry and Trade Ltda in the São Paulo state court system, Case No. 1002693-53.2023.8.26.0318. The patent in dispute covers a triple electrical socket assembly with grounding pin (2P+T) and structural support, rated at 10A/250V — a product category central to Brazil’s residential and commercial electrical accessories market. Kalobras alleged that Ilumi’s corresponding product infringed the protected utility model.
The case concluded on 8 August 2025 when the Court of Justice of São Paulo dismissed Ilumi’s appeal against the first-instance conviction. Under Article 85, paragraph 11 of the Brazilian Code of Civil Procedure (CPC), the appellate panel also ordered an increase in attorney fees to 15% of the updated value of the conviction — a procedural mechanism designed to discourage appeals that lack merit. This outcome means the original infringement ruling against Ilumi stands, with an enhanced financial penalty attached.
The dismissal at appellate level without a merits reversal suggests the first-instance findings were sufficiently grounded to survive challenge. The fee-increase sanction under CPC art. 85 §11 is noteworthy: Brazilian courts apply this provision when an appeal is deemed unsuccessful, signalling that the panel found no reversible error in the lower ruling. The precise quantum of the underlying conviction, as well as whether Ilumi may seek further review, is not disclosed in the public record.
Filing to Appeal Dismissed in 0 days
Case closed 8 August 2025 at the São Paulo Court of Justice appellate level
São Paulo appeal dismissed: what the ruling means for both parties
Appeal dismissed: lower infringement conviction stands
A dismissal of appeal at the Court of Justice of São Paulo means the appellate panel found no legal or factual basis to overturn the first-instance decision. The original infringement conviction against Ilumi remains in force. Separately, the court invoked CPC Article 85, §11, increasing attorney fees to 15% of the updated conviction value — a standard Brazilian appellate sanction applied when an appeal fails on the merits.
Appeal dismissed — conviction upheldKalobras secures enforced conviction and enhanced fee award
For Kalobras, the appellate dismissal confirms the infringement finding and preserves the monetary conviction from the first instance. The additional 15% fee award on the updated conviction value strengthens Kalobras’s financial recovery. Utility model BRMU1310424U2 emerges from this litigation with its enforceability validated at two levels of the São Paulo judiciary, reinforcing Kalobras’s competitive position in the triple socket product segment.
Patent enforceability validatedIlumi faces upheld conviction and escalated legal costs
Ilumi’s unsuccessful appeal leaves it subject to the original infringement conviction plus an increased attorney fee obligation. Having exhausted the ordinary appellate route at the Court of Justice of São Paulo, further review would require recourse to Brazil’s Superior Tribunal of Justice (STJ) on a question of federal law — a narrower and more demanding threshold. The public record does not indicate whether Ilumi intends to pursue that avenue.
Conviction and fee increase confirmedAffirmed utility model rights raise risk bar for socket competitors
This outcome signals that Brazilian utility model patents covering electrical socket configurations can withstand infringement challenge through appellate review. Manufacturers and distributors of triple 2P+T sockets in Brazil should treat BRMU1310424U2 as an active enforcement risk. The case is consistent with a broader trend of Brazilian IP holders actively litigating utility model rights in the electrical accessories sector through state-level courts.
Elevated enforcement risk for competitorsFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | KALOBRAS TRADE OF ELECTRICAL PRODUCTS LTDA | Individual | Electrical products trade company — holder of utility model BRMU1310424U2Search in Eureka ↗ |
| Defendant | ILUMI INDUSTRY AND TRADE LTDA. | Individual | Ilumi Industry and Trade Ltda — Brazilian electrical accessories manufacturer and distributorSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Justice of Sao PauloSearch in Eureka ↗ |
Official order — verbatim text
The appellate panel’s ruling — dismissing the appeal and increasing attorney fees under CPC Article 85, §11 — is tightly worded but consequential. The fee-increase provision is triggered specifically when an appeal is unsuccessful, suggesting the court found the appeal to be without sufficient legal basis rather than merely procedurally deficient. The reference to the ‘updated value of the conviction’ implies a monetary judgment at first instance subject to inflation indexing, which is standard in Brazilian civil proceedings. The absence of any partial modification or remand signals a clean affirmance of the original infringement finding against Ilumi.
BRMU1310424U2 — triple grounded electrical socket utility model
BRMU1310424U2 is a Brazilian utility model registration — a form of IP protection available for functional improvements to existing products, requiring lower inventive step than a full invention patent. The registration covers a triple electrical socket (tomada tripla) with two-pole and ground pin configuration (2P+T), a structural support bracket, and a 10A/250V electrical rating. This configuration is widely used in Brazilian residential and commercial wiring systems, where grounded triple outlets are a standard installation component under ABNT technical standards.
For competitors in Brazil’s electrical accessories sector, BRMU1310424U2 now represents a validated enforcement asset. The utility model’s appellate-confirmed status means that companies sourcing, manufacturing, or distributing triple 2P+T socket products with support structures in Brazil face a documented litigation risk from Kalobras. Brazilian utility models typically protect ornamental or functional configurations for 10 to 15 years from filing, making the registration’s remaining term a key factor for any competitor conducting an FTO or design-around assessment.
Should your team run an FTO against BRMU1310424U2?
Any company manufacturing, importing, or distributing triple 2P+T electrical sockets with structural supports in Brazil should treat this case as a trigger for a targeted freedom-to-operate review. The utility model has now been enforced successfully at two judicial levels. Product teams launching or refreshing triple socket lines for the Brazilian market — including OEM suppliers and private-label distributors — face heightened risk if their designs overlap with the protected configuration.
PatSnap Eureka’s FTO Search Agent can map BRMU1310424U2’s claim scope against your product specifications, identify potential design-around opportunities, and flag related Brazilian utility model registrations in the electrical accessories space. Running this analysis before product launch or supplier onboarding is considerably less costly than defending an infringement action through São Paulo’s appellate courts, as this case demonstrates.
Run a freedom-to-operate analysis on BRMU1310424U2 to assess your product’s exposure
Run FTO in Eureka →Similar utility model infringement cases in Brazilian electrical products
Cases involving utility model patent enforcement for electrical socket and accessories products before the Court of Justice of São Paulo and other Brazilian state courts.
What this case signals for the Brazilian electrical accessories IP landscape
The São Paulo appellate dismissal reinforces utility model enforcement as a credible litigation tool in Brazil’s electrical products sector.
Utility models carry real enforcement weight in Brazilian courts
BRMU1310424U2 survived a full infringement action and appellate challenge. For electrical products companies operating in Brazil, this case confirms that utility model registrations — often faster and cheaper to obtain than invention patents — can anchor successful infringement proceedings through both trial and appeal levels of São Paulo’s state judiciary.
CPC art. 85 §11 fee sanctions deter frivolous appeals
The court’s decision to increase attorney fees to 15% of the updated conviction value underscores that Brazilian appellate panels will apply cost sanctions when appeals lack merit. Companies considering appeals of adverse infringement rulings should factor this escalating fee exposure into litigation strategy — particularly where the first-instance decision is technically well-grounded.
LTDA v ILUMI — key questions answered
The Court of Justice of São Paulo dismissed Ilumi’s appeal on 8 August 2025, upholding the first-instance infringement conviction in favour of Kalobras. The court also increased attorney fees to 15% of the updated conviction value under CPC Article 85, §11.
BRMU1310424U2 is a Brazilian utility model registration held by Kalobras Trade of Electrical Products Ltda. It covers a triple electrical socket (tomada tripla) with a two-pole and grounding pin configuration (2P+T), a structural support, and a rating of 10A/250V — a standard product category in Brazil’s residential and commercial electrical accessories market.
Under Brazilian Code of Civil Procedure Article 85, §11, when an appeal is unsuccessful, the court must increase the attorney fees previously set at first instance. In this case, the fees were raised to 15% of the updated conviction value, creating an additional financial burden for Ilumi on top of the underlying infringement damages.
Following dismissal at the Court of Justice of São Paulo, Ilumi could potentially seek review before Brazil’s Superior Tribunal of Justice (STJ) on a question of federal law, or the Supreme Federal Tribunal (STF) on a constitutional question. However, these are narrower grounds than ordinary appellate review and are more demanding thresholds to satisfy. The public record does not indicate whether Ilumi intends to pursue this.
Following appellate confirmation of the infringement conviction, BRMU1310424U2 represents an active and validated enforcement risk for any company manufacturing, importing, or distributing triple 2P+T electrical sockets with structural support in Brazil. Competitors should consider a targeted freedom-to-operate analysis against this utility model before marketing similar products in the Brazilian market.
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