Gessel has secured a win for Gino Rossi S.A. in a court case brought against an unidentified producer of wristwatches labelled “gino rossi” for violating its trademark and rights to the business name.
According to a firm statement, the dispute, which lasted several years, "turned on the question of whether, if the subsequent user of the mark secured permission and registered trademarks incorporating that mark, such user may freely use marks which had previously been used by the company as its business name and as a label for its products."
A second instance court ruling on January 20, 2016, confirmed the initial ruling that "the very fact that permission and registration had been secured for marks previously used by [the firm’s] client does not, in and of itself, exempt the defendant from liability for subsequent unlawful actions, in particular as regards violation of the fair competition rules.”
Partner Dorota Bryndal led the Gessel team, supported by Advocate Marta Grabiec and Managing Associate Adam Kraszewski.
Image Source: gino-rossi.com
