The applicant is owner of a word mark and two word-and-device marks each comprising the term “Használtautó” [meaning: ”second hand car”], registered in class 35 for advertisement, in class 38 for telecommunication services and in class 41 for entertainment services. Moreover, he is owner of an identical domain name. The defendant is owner of a similar domain name used for internet advertisement of cars.
The claimant sued for trademark infringement and unfair competition. The Metropolitan Tribunal said that with his advertisement the defendant infringed the claimant’s trademark and condemned him for trademark infringement. Further, the Tribunal said that the suffix “for sale” figuring in the defendant’s advertisements is not sufficient to make a distinction from the mark of the claimant. Therefore, the domain name used by the defendant can be confused with claimant’s mark. (As the Tribunal condemned the defendant for trademark infringement, it did not examine the claim for unfair competition.) Read more