Now in its sixth year, Class 46 is dedicated to European trade mark
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FRIDAY, 13 JULY 2012 Caterpillar takes on fake footwear, court boosts Kosovo's reputation
The headline might be intriguing, or sound like something from a children's story, but "Caterpillar victorious against importer of fake shoes" represents good news for brand-owners who worry that Kosovo is bandit-country in which infringements go unpunished. In a piece written for Trademark Law Review by Gordana Pavlovic (Cabinet Pavlovic, Brussels and Belgrade), we learn how Caterpillar -- not the Very Hungry Caterpillar but presumably quite an angry one -- has won a battle in Kosovo against
NTP Mania, an importer of counterfeit shoes bearing Caterpillar's CAT mark.
Following Caterpillar's triumph, the infringing goods were destroyed and the importer was ordered to pay a fine for violating the Kosovo Criminal Code. According to Gordana's article,
The court ordered that the director pay a fine of €1,000 and that 1,281 pairs of shoes bearing the CAT mark be seized and destroyed. The court held that the director's intention was to mislead consumers, and that he was aware that the quality of the shoes was lower than original Caterpillar shoes. In delivering the sentence, the court took certain mitigating circumstances into consideration - namely, the fact that the director did not have a prior criminal record. However, an aggravating circumstance was the widespread infringement of IP rights in Kosovo, which damages the country's reputation. Once the judgment became final, the goods were destroyed under the supervision of the Kosovo Police Office for the Suppression of Economic Crimes. ...
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