Damages from import
THE SUPREME COURT OF CASSATION FINALLY RULES THAT IMPORT OF COUNTERFEITS LEADS TO DAMAGES FOR THE RIGHTHOLDER
The question whether a trademark owner suffers damages when counterfeit goods are imported in the country (or the EU) and seized on the border by the customs authorities has been quite controversial in the Bulgarian legal practice for the last 7 years. Finally, the Supreme Court of Cassation has laid out its position and this will undoubtedly put an end to a l...
Read more...3D trademark deemed similar to figurative trademarks
SUPREME ADMINISTRATIVE COURT UPHOLDS DECISION FOR INVALIDATION OF A 3D TRADEMARK, ISSUED BY THE BPO
The case began with a request before the Bulgarian Patent Office (BPO) by the local subsidiary of a large international pharmaceutical company, represented by Vasil Pavlov, for invalidation of a 3D trademark, owned by a competitor, for goods in class 01 and 05 of the ICGS. The request...
Read more...Expert opinion should not be accepted blindly
EXPERT OPINIONS PLAY A BIG PART IN COURT'S DECISIONS, BUT JUDGES DO NOT FOLLOW THEM BLINDLY
It is all the more often, especially in IP matters cases, where judges would rely heavily on the opinions of experts in the field when solving cases. However, expert opinions can be disregarded by the court if they can be convincingly disputed.
This happened in a case for invalidation of a registered industrial design of a flint lighter file...
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