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METIDA Law Firm of Reda Zaboliene
 
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LR Court decisions in Intelectual property BackBack
G.V.F.–GIVIEFFE v. R. S. (2A-501/2007). October 30, 2007
On 30 October, 2007 in the civil case No. 2A-501/2007 the Lithuanian Court of Appeals adopted decision following to the plaintiff’s G.V.F.–GIVIEFFE claim for the decision of Vilnius district court in the civil case regarding invalidation of the registration of trademark REVIVOR (reg. no. 36992) on the ground that the application for registration was filed in bad faith, and following to the claim of plaintiff R.S. against defendant the State Patent Bureau for the obligation to take the actions – to renew validity of the trademark REVIVOR (reg. no. 36992) registration in the Register of trademarks of the Republic of Lithuania following the entry into force of the court decision. The panel of judges annulled the decision of lower instances and adopted the new decision – to satisfy the claim of plaintiff G.V.F.–GIVIEFFE, to declare the registration of trademark REVIVOR (reg. no. 36992) invalid and to dismiss the claim of plaintiff R.S. The court adopted this decision after having established factual circumstances that, when submitting the application on 24 August 1998 and registrating the trademark REVIVOR in his own name, R.S. knew that G.V.F.–GIVIEFFE had the subjective right of the sign REVIVOR, which was used in Lithuania since 1995. Therefore, the actions of R. S. conflict with fair conventions of managing industrial and trade affairs and are considered to be unfair competitive actions. Since the claim of G.V.F.–GIVIEFFE was upheld, the claim of R.S. could not be satisfied.
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