The Supreme Court of the Republic of Lithuania adopted a significant decision of recognition trademarks as well known in Lithuania.
A Swiss company Julius Sämann Ltd (owner of a Community trademark “Wunder Baum”) sued a Polish company SiSCAR Spólka z o.o Spólka Komandytowa on the grounds that designation of international trademark „Forest Fesh“ in Lithuania, as well as a Lithuanian company AROSTĖ in order to prohibit usage of marks shaped as a tree.
Julius Sämann, in order to obtain broader protection, asked the court to recognise its trademark as well known in Lithuania. The company presented documents of direct as well as indirect marketing, consumers’ opinion survey and more. However, the court stated that the fact that consumers recognise a specific trademark does not presuppose the fact that the trademark is well known, since the consumers are required to link the trademark with a specific producer. All claims were dismissed.
It should be mentioned that there have been very few cases where the Lithuanian courts recognized trademarks as being well known; therefore, it is advisable for the owners of trademarks used in Lithuania to obtain protection via the registration procedure rather than by trying to obtain protection in court.