The Bucharest Court of Appeal recently rendered a final decision in favour of Swarovski Aktiengesellschaft in a lawsuit against Bogdan Radulescu, the sole shareholder of the Romanian company B&B Marketing Online. The company traded jewellery, watches and pens under the Swarovski trade marks through the site www.crystalglamour.ro.
More precisely, the swan logo applied to the products' packaging was infringing Swarovski's rights on the Community trade mark (number 006865794). Hence the products' packaging was not an original Swarovski packaging, but a counterfeit one.
Furthermore, the infringer was using the trapezoid logo on the www.crystalglamour.ro website, despite the fact that this sign is reserved to clients who have a branding agreement signed with Swarovski and no agreement for this purpose has been concluded between Swarovski and B&B Marketing Online.
In addition, pursuant to the analysis performed by Swarovski at its laboratories in Austria, it was proved that the items for sale "using Swarovski elements" were not in fact using such original Swarovski elements.
In order to prevent further violation of its IP rights, Swarovski filed a criminal complaint which resulted in shutting down the website and seizing of the domain name by the Romanian competent authorities.
In addition, the prosecutors instituted legal action against the perpetrator for trading counterfeit products infringing Swarovski's trade marks, which caused harm to the trade mark owner. In this context, the prosecutors also discovered certain tax evasion acts.
Pursuant to the final decision rendered by the Bucharest Court of Appeal, the defendant was given a sentence of two years and seven months in jail and Swarovski obtained both material and moral damages in the fight against counterfeit products.
Nestor Nestor Diculescu Kingston Petersen
Bucharest Business Park, Entrance A, 4th Floor
1A, Bucuresti-Ploiesti National Road
1st District, 013681, Bucharest
Tel: +40 21 20 11 200
Fax: +40 21 20 11 210