A Few Interesting Cases PETOŠEVIĆ Recently Handled

Croatia – Polar Bear Battle

Ledo, a Croatian producer of ice cream and frozen food, filed an opposition before the EUIPO against the registration of a EUTM application for the White Bear figurative mark, filed by the German confectionery manufacturer Nappo & Moritz, for identical goods in IC 30.

The opposition, based on likelihood of confusion, was rejected by the Opposition Division. However, the Board of Appeal annulled the decision of the Opposition Division considering there was likelihood of confusion as the marks were visually highly similar, aurally identical (they can be pronounced the same way, e.g. polar bear), and conceptually identical.

earlier EUTM vs. later EUTM application

For more information, please contact Ivan Kos, who handled this case.

Serbia – Trademark and Copyright Infringement Case for a Well-Known Social Network

A Serbian trademark squatter filed several trademark applications seeking to register names of popular software applications, the owners of which failed to seek protection in Serbia. One of the trademark applications included the name of our client’s video hosting service.

The legitimate IP right owner did not have prior trademark registrations for the name of their service in Serbia, so it was necessary to:

– File a trademark application for a similar mark, claiming priority of the client’s prior trademarks filed in Brazil in the previous six months, which unfortunately covered only some of the goods/services designated in the infringing trademark application; and

– File a complaint against the infringing application based on the application for a similar mark, as well as on copyright over the name of their service, because it is part of their copyrighted work (Article 3 of the Serbian Law on Copyright prescribes that a title of the work of art will also be protected by copyright as its integral part).

A decision from the Serbian IPO is awaited in this matter.

For more information, please contact Predrag Anokić, who is handling this case.

Albania – Trademark Litigation for an Energy Drinks Producer

The Albanian IPO’s Appeal Board rejected the opposition filed against the application for an energy-drink trademark similar to a well-known mark. An appeal was filed against the decision before the first instance and appellate courts. Both courts rejected the appeal.

The case was brought before the Supreme Court, putting forward EU case law and arguing that the lower courts did not examine all relevant factors related to the protection of well-known marks. The Supreme Court decided to return the case to the Appellate Court for re-examination.

For more information, please contact Irma Cami or Predrag Anokić, who handled this case.

Slovenia – Patent Infringement Case for a German Fastening Technology Company

A Slovenian company was selling and advertising a dowel used in the same manner as covered by our client’s patent claims. Following a Cease and Desist letter claiming patent infringement, and lengthy negotiations, the Slovenian company ceased manufacturing and selling their product.

For more information, please contact Andrej Bukovnik or Tatjana Simović, who handled this case.