Ordered to be destroyed
In a civil case, initiated by IP Consulting in behalf of WRANGLER APAREL CORP,. Sofia city court confirmed that goods seized at the Bulgarian border from Turkey to Ukraine should be destroyed.
The case is entrolled after Bulgarian Customs agency at the custom border Lesovo performed routine check up, on a outside EU border – Turkey and seized jeans – type denim, with the trademark WRANGLER. The goods were with origin – Turkey and they were traveling to Ukraine. After identification, it was confirmed that the goods are conterfighting.
According to the Bulgarian legislation – Art. 73 (1) of Law on marks and geographical indications – “Any person who, in his business activity, uses a sign as provided in Article 13 without the consent of the proprietor thereof shall be regarded as an infringer” and Art. 13. (1) “The right in a mark shall comprise the right of its holder to use it and dispose of it, and to prevent third parties not having his consent from using in the course of trade: (i) any sign which is identical with the mark in relation to goods or services 4 which are identical with those for which the mark is registered”. Also on the basis of Art. 76 (1) (i): “Infringement actions under this Law may relate to: (i) establishment of the fact of infringement;” and (iv) seizure and destruction of the infringing products, as well as of the means with which the infringement was carried out” . and Art. 76 (2) (ii) : “the expenses be refunded to him for keeping and destroying the infringing articles”. In relation to them are also Art. 75 of Law on marks and geographical indications: “The proprietor of a mark and the licensee of an exclusive license shall have autonomous right to bring an infringement action. (3) A non-exclusive licensee may bring an action with the consent of the proprietor only, unless otherwise agreed in the contract. (4) Any recorded user of a registered geographical indication shall likewise be entitled to bring actions.” and Art. 77: “All actions under this Law shall fall within the jurisdiction of the Sofia City Court. Art. 78. (1) Law on marks and geographical indications: The holder of the right in a mark or the licensee of an exclusive license may request that the customs officials detain goods carried through the border of the Republic of Bulgaria, for which there is good reason to believe that they are infringing a right protected under this Law.”