Not every use is an infringement of trademark “Golden Sands”

With a final decision from 02.02.2010 the Sofia Court of Appeal confirmed the decision issued by Sofia City Court, which dismissed the claims of "Zlatni piasatsi" AD ("Golden Sands" PLC) against the producer of postcards "Larus" EOOD. The tourism giant started number of court cases against several producers of popular souvenirs, including also against the company "Larus" EOOD, stating that by putting on their postcards the indication "Golden Sands" in different languages they infringe the company's rights over their registered trademarks. "Zlatni piasatsi" AD has registered several figurative marks including the words "Golden Sands" in Bulgarian, German, English, Russian and French language for goods in class 16 of the ICGS.

Both court instances concluded that the postcard producer has used the words "GOLDEN SANDS" in different languages only as indication of the location of places featured on the souvenirs. The court found that the signs are used in such manner which could not mislead the consumer regarding the origin of the goods and the usage of those words only as indication is permitted by the law and does not constitute an infringement.

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