53 030 EUR AWARDED FOR TRADEMARK AND COPYRIGHT INFRINGEMENTadminas
One more win for an international media & licensing company and studio in another civil case regarding the infringement of intellectual property (trademark and copyright) rights to animated brands in Lithuania. This time against a Lithuania company UAB “Profisa” that imported the counterfeit&pirated goods into the territory of the Republic of Lithuania, placed them for storage in a customs warehouse and submitted an offer to purchase these goods bearing animated brands via its website. The animated brands are protected by copyright and registered trademark rights.
Differently than in “Saldainis” case (reported on 10 October 2019) where a requested licence fee of 68 060 EUR has been awarded, in “Profisa” case the court decided to adjudge a requested licence fee of 34 030 EUR for trademark infringement, but diminish the requested statutory compensation from 34 030 EUR to 19 000 EUR, adjudging in total 53 030 EUR as „damages“ for infringement of both type of IP rights. The defendant’s appeal of the decision of the first instance court was unsuccessful. It seems that two remedies (licence fee plus statutory compensation) generates less than one remedy (licence fee), but still a big step forward in Lithuania IP case law. The decision of the Lithuania appeal court attached hereby.