LITIGATION & ARBITRATION

DISPUTE RESOLUTION

Litigation represents an important practice of our firm. We regularly advise the clients about the risks they run in relation to disputes, as they can often be expensive and time consuming.
Understanding that sometimes litigating is not the most desirable way to preserve a business relationship, where more efficient, we work closely with our clients in order to realistically evaluate and identify the best strategy in preparing and conducting an alternative dispute resolution. Before engaging in litigation, we always inform the clients on the advantages and disadvantages of an open court dispute and on its estimated costs, duration and risks.

At the same time, we are fully determined to sustain and win the clients’ cases in any adversarial framework and, to this end, we are trying to identify and refine the best arguments to use. Comprehensive preparation of each case is an important condition to success.

Our vision as to a successful client representation involves primarily a deep and solid understanding of all the direct involved and adjacent matters. Should litigation start, we carefully prepare each of our steps, developing a real partnership with our clients until complete relief is obtained through a final and enforceable decision.

We have successfully represented clients in litigious cases for claims of commercial or civil nature, trademark, industrial design and copyright cancellations and infringements, claims on real estate property, insolvency, labor, family, successions and as well as other relevant problematical aspects. We are fully qualified to handle cases before the Romanian Supreme Court, the Constitutional Court, the Romanian International Commercial Arbitration Court as well as all other lower courts.

OUR SERVICES

We are determined to provide clients with the following:

The best result possible

Quality advice and service

A transparent and fair fee structure

Fast turnaround and response

Quality reporting

Comprehensive preparation of each case is an important condition to success.

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Successful Cases

RECENT PROJECTS

Representing one renown client in the watches industry in numerous criminal cases started in Romania concerning the sale of counterfeit products. Our firm provided a fully integrated service of representing the client in front of the Police/ Customs Authorities and in front of the Courts. Our aim was to ensure the client takes all the necessary steps to tackle counterfeiting activities of its luxury goods in Romania.

The litigation concerned the right to register a trademark consisting in the name of a reputed rock band in Romania by a single member. Our representation of the Clients (3 band members) involved the cancellation of the “IRIS” trademark registered in bad faith by another colleague. In this case we managed to obtain a favorable decision in the first instance.

Assisting one important player in the food industry in several cases involving trademark infringement and the sale of counterfeit products by several companies. Our advice included providing the client with a tailored strategy to tackle counterfeiting activities in Romania having in mind the challenges of the counterfeiting activities in the FMCG industry.

Representing one renown client in the watches industry in a Court proceeding regarding the enforcement of the EUTM trademark in Romania in a very sensitive case against an anterior national trademark.

Representing some of our clients in front of WIPO in the UDRP proceedings for the recovery of some domain names.

Representing one international company from the pharma industry in obtaining a preliminary injunction against the opposing party and further legal assistance in enforcing the obtained decision.

Legal assistance and representation for a leading south-eastern European paint producer during proceedings for recovery of receivables by forced execution against various debtors.

Representation of one of the world leader sports articles company in undertaking legal measures to prosecute infringes of IP rights, including enforcement of border control measures by the Customs Authorities, institution of claims and bringing lawsuits for violations before the Bucharest Court and courts of subsequent instance and enforcement of security measures.

Our firm is representing clients from the retail industry in front of the IP specialized courts in the appeals against the Romanian PTO decisions regarding the registration of similar and confusing trademarks with the client well-known METRO or REAL trademarks.

Assisting one major company from the bearing industry with respect to the strategy of tackling counterfeiting activities in the bearings sector not only locally, but also worldwide. Currently, we are representing the client in the fight against counterfeiting bearings on the Romanian territory of the renowned URB trademarks. As well, we assist the Client in several other litigations in both civil and criminal proceedings, related to counterfeit of products. In addition, we assist the Client in litigations in India, Argentina, Vietnam, Turkey and Egypt and to this end we work closely with foreign IP counselors and hold conferences and long discussions for strategy settlement.

Our company represents clients form the beverage industry in a conflict with regards to the infringement of a three-dimensional trademark and copyright the client. The case involves a series of issues not only deriving from the challenges of a three-dimensional trademark but also with respect to the proof of use for category of goods for which the trademark is registered for.