Dispute Resolution

 

The Firm is highly experienced in litigation and arbitration procedures and as a consequence, we have successfully represented clients in filing and defending them in different types of court actions in intellectual property, fiscal, unfair competition and general commercialareas of practice, like tax related cases, annulment actions, cancellation actions, numerous domain names disputes, commercial names/trademarks/designs/copyright infringements, recovery of costs and insolvency procures. The following outstanding cases are to be mentioned (selection):

  • obtained successful court fiscal decisions against the Tax Authority on (A) recovery of taxes wrongfully requested by the Tax Authority with respect to automotives and (B) disputes related to profit taxes;
  • currently advising and representing one of the best world-wide known baby food producer in the world in three trademark annulment actions and two trademark rejection to registration cases against a Romanian milk and milk products producer for the registration of similar trademarks. One of the cases has already been won on behalf of our client, this being very important: (A) for the client, as our client invested a lot in its trademark (which is a well-known trademark in Romania) and (B) as a precedent as the Romanian court already confirmed that our client’s trademark has ‘a certain degree of distinctiveness which cannot be contested’;
  • advised, represented and won on behalf of the largest food and beverage company in the world a major case involving rejection of a non-distinctive trademark of a competitor with high importance for the competitor. The case was very important for: (A) both parties as in the situation the competitor would have succeeded in registering the said trademark it would have made all the competitors stop using a similar geometrical figure and (B) as a precedent with respect to the evidence which had to be submitted to prove acquired distinctiveness through use;
  • have been fighting successfully for over 3 years for our client, the leader of the canned meat market in Romania, in a case against a well-known hypermarket chain in an annulment case against one of our client’s trademark. This case was very important: (A) for the client, because of the large sums of money invested in the trademark subject to the annulment court action and (B) as a precedent with respect to the circumstances in which the Romanian courts considers products in class 29 and products in class 30 of Nice Classification as similar/dissimilar;
  • advised and represented one of the world-wide well-known US-based manufacturer of sports footwear and cloth company in domain names infringement cases;
  • represented a major multinational spirits producer in front of the Supreme Court obtaining a landmark decision in a case related to commercial names based on trademark infringement and unfair competition claims;
  • negotiated and settled in the interest of our client, one of the best-world-wide-known German media company, a copyright related rights case with a Romanian collective rights management society, case finalized with an agreement drafted and negotiated by us and signed by the parties;
  • secured another landmark decision ruled by the Supreme Court in a court action for recovery of costs with respect to a trademark action;
  • represented the largest food and beverage company in the world in registration of a tri-dimensional mark with very high commercial value;
  • won for a known out-door media and advertising company, an important case with respect to a design infringement. This was very important: (A) for the client, as before we took over the case, the other party obtained against our client an interim injunction and made the client stop using on the Romanian market certain advert products. After we took over the case, the court decided to rule in our client’s favour on the merits of the case (the merits of the case are more important than the interim injunction, as the interim injunction only lasts until a final decision in reached in the merits of the case, therefore a final decision in the merits of the case can overturn a final decision in the interim injunction) and (B) as a precedent with respect to acquired rights after filing of the court action.
  • obtaining a landmark Supreme Court decision for the largest food and beverage company in the world that will clarify legal principles with respect to the powers of attorney;
  • successfully represented the largest food and beverage company in the world against a Russian company in a trademark procedure against the registration of an infringing trademark similar with our client’s which had as a result taking the product bearing the infringing trademark out of the market;
  • key Supreme Court victory for the leader on the Romanian market for the telecommunication services – a multinational company - in canceling a trademark which was a barrier to registration of our client’s trade mark;
  • our attorneys were involved in numerous recovery of costs and insolvency procures for the clients.