Work highlights
Intellectual and Industrial Property. ТМТ
Defense in respect of infringements of copyright in design
Our team provided advice to a client working in the field of public relations, on the occasion of a dispute between him and a political party for the use of a distinctive sign the rights over which are acquired by our client based on contract for manufacturing. Our analysis covered the issues of protection of copyright violated as a result of registering the trademark with the Patent Office, as well as the court order for protection upon violation of copyright.
Practice: Intellectual and Industrial Property
Lawyers on this case: Adriana Nacheva - Partner, Silviya Spasova - Senior AssociateConsultation on contract for manufacturing of advertisement
We advised the client who as a contractor had entered into a contract for the production of a television advertisement. The video is subject to copyright, holders of which are the director, the screenwriter and the cinematographer. There have been negotiations with the producer in connection with the granting to the assignor of the exclusive right to revise, adapt and insert any kind of changes to the developed under the contract TV spot and to use it to create a new produced by it advertisement.
Practice: Intellectual and Industrial Property
Lawyers on this case: Vladimir Kinkin - PartnerAdvice and representation in connection with the export of chemicals in Vietnam
Our team advised the client on a wide range of issues related to export of chemical products bearing its trademarks in Vietnam. Our analysis covered many issues related to international contract law and domestic law and the conflict of law rules of the two countries. We consulted export and delivery contracts, exclusive trade representation of a joint contractor of the client in the territory of Vietnam, and numerous accompanying agreements concerning confidentiality, licensing and leasing for the use of trademarks, framework contracts and distribution contracts.
Lawyers of the firm advised the client in connection with participation in administrative proceedings before the National Office of Intellectual Property of Vietnam on the occasion of procedure to register a contract for exclusive representation. Our activities included also an opinion concerning possible conflicts with local competition law on the granting of exclusive representation and violations of other companies distributing chemical products in Vietnam without the required license.
Practice: Intellectual and Industrial Property
Connection with other practices: Administrative Procedures and Public Procurement
Lawyers on this case: Adriana Nacheva - PartnerDefense in connection with proceedings for establishing infringement of registered Community designs
Оur team is committed to consulting and legal protection of the client before the Sofia City Court in initiated proceedings against him for alleged violations of registered Community designs from one of the large German manufacturers of packaging machines. The appointed at our request court technical expertise found that there were no similarities between the manufactured by our client machines and the design registered by the applicant. The proceedings relate to direct application and interpretation of the Community law, as the court representation of clients continued in 2014 on the occasion of brought by the other side appeal.
Practice: Intellectual and Industrial Property
Connection with other practices: Litigation
Lawyers on this case: Vladimir Kinkin - PartnerAdvice regarding a brand that has a reputation in the Republic of Bulgaria
Our client is one of the large manufacturers in the chemical industry with whom we work for many years. We have advised him in a wide range of administrative proceedings and out-of-court procedures concerning intellectual property rights and protection of trademarks. Our activities include studies of the Bulgarian and European legislation on the registration of Community trademarks, beneficiaries of protection in the European Union, as well as their use and presentation on the Community markets.
We represented the client at the conclusion of licensing agreements for granting the use of protected marks and their registration in the Patent Office, out-of-court settlement to resolve collisions between registered Community trademarks, procedures for obtaining the status of "brand with reputation" for its commercial brand in Bulgaria. We have participated on behalf of the client in proceedings before the Patent Office for protection in relation to requests made by competitors for deleting of the registered by our client brands. During the proceedings we presented detailed observations on the differences in the class of the product, ways of reaching the market and the types of consumers in the relevant markets.
Practice: Intellectual and Industrial Property
Connection with other practices: Administrative Procedures and Public Procurement
Lawyers on this case: Adriana Nacheva - PartnerParticipation in procedures for trademark registration before the Patent Office, the Office for Harmonization in the Internal Market, Alicante and the International Bureau of the World Intellectual Property Organization, Geneva
Our team advised a client and performed representation in procedures for the registration of a mark as "registered trade mark" before the Patent Office, 'Community mark' before the Office for Harmonization in the Internal Market (Alicante, Spain) and "international brand" at the International Bureau of World intellectual Property Organization in Geneva.
Prepared is a detailed analysis of the conditions for release of the registrations, a study is made on the existence of similar marks, which could lead to denial of registration, as the protection that the applicant would receive in the performance of each of the registrations is outlined.
Practice: Intellectual and Industrial Property
Connection with other practices: Administrative Procedures and Public Procurement
Lawyers on this case: Adriana Nacheva - PartnerConsultation on the adaptation of a foreign broadcast on Bulgarian radio and TV
Our team advises a client in connection with the recognition of copyright to contractor in mandate contract and manufacturing contract under Bulgarian law and the applicability of the familiar to American Law institute "work made for hire" in Bulgaria. The analysis concerns the adaptation of a foreign broadcast on Bulgarian radio and television and sets interesting questions about the copyright of foreign persons who are not citizens of the European Union or the European Economic Community (EEC). Our team conducted a study of the applicable substantive law and the competent court considering the rules of private international law and the possibilities of actions for protection of authorship and compensation to the Bulgarian and American courts.
Practice: Intellectual and Industrial Property
Lawyers on this case: Vladimir Kinkin - PartnerConsultation on similarity with registered Community design
We have advised our client, a manufacturer of packaging machinery, in relation to possible claims of another company who has registered similar to the products manufactured by our client machines Community design under Regulation 6/2002 of the Council of 12 December 2001 on Community designs and Regulation 2245/2002 of the Commission for its implementation. The studies included the study of the conditions for the presence of similarity leading to violation of another person’s design, the possibilities for initiating judicial proceedings or a signal by an administrative order against our client, as well as other remedies under European law. We studied the legislation and recent case law of the European Court of Justice on possible claims for establishing an infringement of a registered design, damages, seizure and destruction of the similar products and possible interim measures, the conditions of their admission and remedies against them in any future trial.
Practice: Intellectual and Industrial Property
Lawyers on this case: Vladimir Kinkin - PartnerDefense of an international combined brand
The law firm represents a foreign client, offering goods and services, in out-of-court settlement and resolution of dispute regarding an infringement of international combined trademark.
Our work included detailed analysis of possible procedural means for civil and administrative defense of the client under the Law of Trademarks and Geographical Indications and the Law of Competition Protection.
Practice: Intellectual and Industrial Property
Lawyers on this case: Vladimir Kinkin - PartnerRegistering of a domain name and mark before the Patent Office
Our team advised a client on the preservation of rights and registration of the domain and brand. An analysis of the registration procedure in its integrity is made, the conditions for implementation, including a description of activities according to the classes of the Nice classification.
Our team is involved in an administrative procedure for appealing the denial of the Patent Office to register the domain and trademark of a Bulgarian company dealing with distribution of cable television and internet video. As a result of the defense granted, the Patent Office revoked its denial and permits the registration.
Practice: Intellectual and Industrial Property
Connection with other practices: Administrative Procedures and Public Procurement
Lawyers on this case: Vladimir Kinkin - PartnerAdvice regarding the purchase of software licenses
Our team advised a client in connection with the purchase of software licenses of leading developer of operating systems. An analysis of the overall policy of the company is made for selling software to business customers, including but not limited to, options, content and scope of the rights conferred by the license, as well as various options to purchase software for the business.
Lawyers of the firm participated in the amicable settlement of a dispute on the occasion of licenses purchased by the customer in the renovation of which the official representative of a foreign software company in Bulgaria has violated the company's policies on the required number of purchased licenses and computers.
Practice: Intellectual and Industrial Property
Lawyers on this case: Adriana Nacheva - PartnerProtection of the right of anterior use of a trade mark on chemical products
Our team advised a client in connection with the establishment of anterior use and deleting registered by another company trade mark in the chemical industry. The case occurs upon the legal regulation of intellectual property transition from the Law on Trade Marks and Industrial Designs (LTMID) to the Law of Trademarks and Geographical Indications (LTGI) containing substantive changes to the regulation of trademarks. Both sides claim that they use the respective brand for decades, producing and selling products that wear it. The company's lawyers successfully argue that the client is a person who has used the unregistered mark under Art. 9 LTMID (abeyant). The case is developed with three instances and ends with the successful defense of the right of anterior use of the client, registration of the mark and preserves all rights to the production and distribution of chemical products that bear it, and the deletion of the trade mark of the defendant company.
Practice: Intellectual and Industrial Property
Connection with other practices: Litigation
Lawyers on this case: Adriana Nacheva - Partner