Tenergo: Decision of the Supreme Court 8 March 2017 – Case No. 31 Cdo 3375/2015

Provided the owner uses its trade mark in a way that it fulfils the defining features of unfair competition, it is necessary then to protect those who are affected by such conduct against such use in the manner as stated in Sec. 2988, first sentence, of the Civil Code, as well as by imposing the obl...

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Bibliographic Details
Published in:IIC - International Review of Intellectual Property and Competition Law 2019-03, Vol.50 (3), p.398-404
Main Author: TENERGO Brno, a.s. v. Team ENERGO s.r.o. (previously tenergo team s.r.o.) Civil Code, Sec. 2988, first sentence
Format: Article
Language:English
Subjects:
Decision • Unfair Competition Law
Intellectual Property
IT Law
Law
Law and Criminology
Media Law
Online Access:Get full text
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Summary:Provided the owner uses its trade mark in a way that it fulfils the defining features of unfair competition, it is necessary then to protect those who are affected by such conduct against such use in the manner as stated in Sec. 2988, first sentence, of the Civil Code, as well as by imposing the obligation to refrain from using the registered trade mark. The right to a trade name pertains to the so-called rights to designation and it is considered to be one of the industrial rights and therefore, in disputes involving claims arising therefrom, the factually and territorially competent first instance court shall be the Municipal Court in Prague, which decides in specialised panels composed of a Presiding Judge and two judges. …
ISSN:0018-9855
2195-0237
DOI:10.1007/s40319-019-00804-1