7th Nov 2023
We are most pleased to announce that our firm has recently secured the issuance of a pan-European interim injunction by a Cypriot court in a case of infringement of European Trade Marks (“EUTMs”) and passing off, prohibiting a competitor of their clients (the “Applicants”) from using anywhere within the European Union (all 27 member states), in relation to video games, signs that are identical with and/or confusingly similar to the Applicants’ EUTMs.
The pan-European interim injunction was issued in the context of recently initiated civil proceedings (Civil Action) against a foreign legal entity (the “Respondent”) before the District Court of Nicosia, Cyprus, for inter alia damages resulting from trade mark infringement and passing off.
By virtue of the issued interim injunction, the Respondent is expressly prohibited from committing, in the context of commerce or the conduct of trade in relation to video games, anywhere within the European Union and in any manner whatsoever (directly or indirectly, through electronic means or other), any actions that infringe the exclusive rights of the Applicants over their registered Community trade marks.
Among the prohibited acts are the offering and placing on the European market, the distribution, importing, exporting, promoting and advertising by the Respondent of video games and services in connection with video game related products under any names, marks and signs which infringe the Applicants’ registered EUTMs until the final and complete adjudication of the pending Civil Action, as well as the carrying out of any actions amounting to passing off in any manner, by passing off or using in the context of commerce and/or otherwise any videogames or videogame services and presenting these as products or services authorised or approved by the Applicants or connected in any way to the enterprise of the applicants.
The legal significance of this case lies in the fact that this is only the second interim injunction of its kind that has been issued by a national (Cypriot) court, acting as the designated EUTM Court in Cyprus under the relevant EU Trade Mark Regulation, with pan-EU jurisdiction. It is reminded that the first pan-European interim injunction was also issued by our firm a few years ago, in the context of a separate case.