Trademark infringement. Bottom case. Trade name law. The preliminary relief judge had ordered MKBO to cease and desist from infringing TomTom’s trademark and trade name rights. MKBO had violated Article 1 of an agreement and TomTom had therefore validly dissolved the agreement. In the final Amsterdam proceedings on the merits, MKBO claims, among other things, a declaratory judgment that the agreement has not been terminated or dissolved and that MKBO uses the tom sign. In a counterclaim, TomTom IBV claims, among other things, a declaratory judgment that it has validly dissolved the agreement with an order for damages against SCBO. The District Court of Amsterdam rejected SCBO’s claims in convention and upheld TomTom IBV’s claims in counterclaim. MKBO appealed against this judgment. In this case, TomTom claims that MKBO has infringed the TomTom EU trademarks, or the TomTom Benelux trademarks or TomTom’s trade name rights. The court declares that SCBA has infringed the trademarks.
Source: ie-forum.nl
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