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Archive

5 February, 2014

Use of label “Rafael” in business related to sweet pastry is prohibited

On February 4, the Chamber of Civil Cases of the Supreme Court partly satisfied claim of Belgian company “Soremartec S.A.”. The court prohibited the respondent “O.LANA” Ltd. to use denominations, which are miscible similar to graphical trademark “RAFFAELLO” in relation with sweet pastry products. “O.LANA” Ltd. is prohibited to perform commercial activity with packing for cake “Rafael”, to produce this packing and distribute, export, store cakes in above-mentioned packing and offer those for these purposes. The court bound “O.LANA” Ltd. to take cakes labelled “RAFAEL” out of trade completely. Moreover, the court bound Limited Liability Company to eliminate all packing of cake “RAFAEL” being at disposal of “O.LANA” Ltd. and to publish operative part of a court judgement in newspapers “Daily Business” (“Dienas Bizness”) and “Business &the Baltic” (“Бизнес&Балтия”) at its own expenses, within one month from the date, when judgement would become effective. Parties to the case may appeal against judgement of the appellate instance court in 30 days to the Department of Civil Cases of the Supreme Court under cassation procedure.

22 January, 2014

In case on recognition of foreign ruling in Latvia the Supreme Court supports plea on asking prejudicial questions to the European Court of Justice

On January 22, the Department of Civil Cases of the Supreme Court in court hearing listened to representative of a respondent, sworn advocate Vineta Cukste, and decided not to resume proceedings in case on recognition and execution of ruling of foreign court in the Republic of Latvia before ruling of the European Court of Justice shall become effective.

21 January, 2014

Judgement in dispute on use of “RAFAEL” label will be announced in the beginning of February

On January 21, the Chamber of Civil Cases of the Supreme Court reviewed appellate complaint of “O.LANA” Ltd. filed against judgement of Riga regional court, which satisfied claim of Belgian company “Soremartec S.A.” and prohibited the respondent to use name “RAFAEL” in commercial activity regarding sweet pastry.