Santos, 18 de Março de 2026
Comunicado Oficial do Blog Tech GownowApp -
Parque Tecnológico de Santos.
Sumário do Caso GownowApp vs META Platforms (WhatsApp Business) para investidores, litigance funds e Escritórios nos Estados Unidos da América de Propriedade Intelectual.
📄 Case Summary – GownowApp vs. Meta Platforms (WhatsApp Business)
Claimant: Paulo Eduardo Martins Pellegrini (Brazilian developer and copyright holder of GownowApp)
Defendants: Meta Platforms Inc. / WhatsApp LLC
Jurisdiction: São Paulo State Court, Brazil
Legal Basis: Copyright infringement, unauthorized use of intellectual property, and royalty claims
1. Background and Creation of the Technology
The claimant is the creator and rights holder of a technology known as GownowApp, an information engineering system designed to integrate businesses and customers through instant communication platforms (e.g., messaging, voice, and digital interfaces across multiple devices).
The technology was formally registered as intellectual property in Brazil and later with the U.S. Copyright Office in 2016.
2. Prior Disclosure and Contact with WhatsApp
In 2016, the claimant sent a formal proposal, including contractual terms, to WhatsApp and related entities, offering the use of the GownowApp technology under a royalty-based agreement.
The proposal established that any use of the technology would require:
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An upfront payment of USD 20 million
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Ongoing royalties of 10% based on profits generated from the innovation
No agreement was executed.
3. Launch of WhatsApp Business and Alleged Misappropriation
In January 2018, WhatsApp launched WhatsApp Business, a platform designed for commercial interaction between businesses and customers.
The claimant alleges that:
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The core structure, functionality, and business logic of WhatsApp Business replicate essential elements of GownowApp
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The commercial features introduced by WhatsApp Business did not previously exist in the original WhatsApp platform
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Several functional modules and interface structures are substantially similar to those described in the GownowApp technical design
Technical expert reports included in the case conclude that WhatsApp Business:
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Reproduces the structural logic of GownowApp
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Constitutes an adaptation or derivative work requiring prior authorization from the original author
4. Evidence of Substantial Similarity
The case includes:
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Independent technical expert reports identifying functional equivalence between systems
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Comparative analysis of features and interface logic
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Documentation demonstrating prior creation and disclosure of the GownowApp system
Experts concluded that:
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WhatsApp Business incorporates “numerous elements” of the original GownowApp innovation
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The similarities go beyond general ideas and extend to protected structural elements
5. Damages and Financial Claims
The claimant seeks compensation based on:
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Material damages: approximately BRL 594 million
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Moral damages: approximately BRL 59.4 million
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Lost profits (to be determined through expert analysis)
Additionally:
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The technology has been valued at approximately USD 2.25–2.5 billion
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The claim includes royalties based on the commercial exploitation of the innovation
6. Legal Argument
The claimant argues that:
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GownowApp is an original intellectual work protected under copyright law
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WhatsApp Business constitutes an unauthorized derivative work
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The defendants failed to obtain prior authorization despite having access to the technology
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This resulted in unjust enrichment and violation of intellectual property rights
7. Current Status
The case is currently pending before the São Paulo State Court, with extensive documentary evidence and expert reports already filed.
Despite the advanced stage of the proceedings and the scale of the claim, the defendants have not engaged in settlement negotiations.