Agency TRIA ROBIT
Intellectual Property Protection

 

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In this section you will find IP news from the countries, where Agency TRIA ROBIT offers its services, as well as the company news.

News

Baltic Trans (Viltransports) against the State Revenue Service/ adidas AG

June 01, 2012

 The Regional Administrative Court with its decision of May 3, 2012 in case No. A42490505 upended more than a 5-year long dispute among the Latvian company SIA “Baltic Trans” (previously SIA “Viltransports”), the State Revenue Service of the Republic of Latvia and the German company “adidas AG” represented by Agency TRIA ROBIT. The case summary is as follows: in 2005 SIA “Viltransports” presented for transit procedure 15 960 pairs of footwear labeled  by “Adidas” trademark (reg.No. M 16 691). Basing on the statement provided by the rights owner the State Revenue Service brought the company to administrative liability pursuant to violation of part three of Art. 201 10  of the Code of Administrative Violations of the Republic of Latvia, seizing the goods and imposing 1 000 LVL fine. Objecting this decision of the State Revenue Service, the company SIA “Viltransports” filed an appeal to the General Director of the State Revenue Service; however, on receipt of the refusal decision – proceeded with the administrative court. Meanwhile the German company “adidas AG” filed the claim with the Riga Regional Court against the company SIA “Viltransports” on the illegal use of the trademark. The Administrative District Court having considered the case pursuant to the application of SIA “Viltransports” cancelled the contested decision of the General Director of the State Revenue Service, but the appeals against this court decision were filed both by the State Revenue Service and the German company “adidas AG”. The Regional Administrative Court taking into account parallel case consideration by the civil procedure between the same parties postponed the administrative proceedings until the final decision in the civil case is made. In the frames of the civil case all court instances (Riga Regional court and the Chamber of Civil Cases of the Supreme Court) acknowledged the illegal use of the trademark owned by the German company “adidas AG” imposing the defendant - the company SIA “Baltic Trans” (“Viltransports”) - to destroy the infringing goods. The Senate of the Supreme Court having considered the cassation of the company SIA “Baltic Trans” (“Viltransports”) have not found any infringement and left the decision in force. The Regional Administrative Court, having considered the case during the appeal procedure, have cancelled the decision of the first instance court and left in force the initial decision of the State Revenue Service on imposing the administrative fine (1 000 LVL fine and seizure of the goods). The German company “adidas AG” proved the violation of their exclusive rights in all court instances and the initial decision of the State Revenue Service was lawful and grounded. 

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