‘Doncafe’ trademark dispute: a finding of dilution requires careful analysis
By Bogdan Ivanišević
Strauss Adriatic doo, proprietor of the famous mark ‘Doncafe’, sued a defendant who had distributed coffee cups to which it affixed the mark. The Commercial Court in Belgrade found that the defendant took unfair advantage of the reputation of the mark owned by Strauss Adriatic doo, damaged the mark’s distinctive character and damaged its reputation (judgment of 15 October 2013, Strauss Adriatic doo v Yao Fa doo, case no. 41 P 5082/2013).
The court also determined that consumers of the cups would be ‘misled’, which in the context probably means that, according to the court, the defendant was responsible for creating a likelihood of confusion.
The court, therefore, found the defendant Yao Fa doo responsible on a number of grounds: parasitism (taking unfair advantage of the famous mark), blurring (damage to the distinctive character of the mark), tarnishment (damage to reputation) and confusion (consumers would think that the cups originated from the same company that produced the coffee). The court may have overzealously applied the provisions of the Serbian Trademark Act that contain various grounds for liability, without explaining why each specific ground was applicable in the case at hand…
Click on the link below to read the rest of the BDK briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from BDK Advokati/Attorneys at Law
Briefings from BDK Advokati/Attorneys at Law
The Serbian Accounting Act requires that financial statements be signed electronically by a statutory representative, but problems arise when the director is a foreigner.
The Serbian insurance industry is welcoming the new Insurance Act, which substantially overhauls regulation in this area.