By decision of 12-03-2008 in civil case No 2A–199/2008 the Court of Appeals of Lithuania rejected the defendant E.S. appeal against the Vilnius District Court decision of 15–10–2007 in the plaintiff’s Nintendo Co. Ltd. claim due to breach of trademark owner’s rights. The Court of Appeals decided that Vilnius District Court reasonably applied preventive prohibitions as foreseen in article 38 (part 2, points 2,3,4) of the Law on Trademarks oaf the Republic of Lithuania, as the defendant did not argue against the fact of having taken counterfeit goods (goods identical to the mark registered by the plaintiff) into the country. It has also been stated that „preventive prohibitions used in order to fulfill illegal actions as foreseen in the court’s decision are based on the Constitution and basic legal principles, thus it cannot be alleged that the preventive means set by the court violate the appellant’s constitutional rights and basic legal principles.“