Intellectual property rights have value only if they can be protected and enforced.
A trade mark, design, work, trade name or internet domain may represent an important business asset. When such rights are infringed, the dispute may directly affect the company’s identity, its position in the market and the value of the investment made in building a brand or developing a product. We have relevant experience in disputes concerning trade marks, industrial designs and designations of origin. SĂVESCU & ASOCIAȚII is a firm of litigators. In intellectual property matters, our work focuses on protecting and enforcing rights, preventing infringements and, where a dispute arises, building and pursuing the case. We analyse the law, the facts and the evidence. We determine what needs to be protected, against whom and by what means.
Intellectual property litigation. We represent rights holders, companies and individuals in disputes concerning the existence, scope, infringement and enforcement of intellectual property rights. Among other matters, we handle disputes concerning:
– trade mark infringement
– invalidity or revocation of trade mark rights
– conflicts between distinctive signs
– industrial designs
– copyright and related rights
– unauthorised use of works, images and content
– internet domains and conflicts with trade marks or other earlier rights
– trade names and other elements identifying a business
– unfair competition associated with the use of protected signs, products or materials
– damages arising from the infringement of intellectual property rights.
In each case, we focus not only on establishing the infringement, but also on the specific outcome sought by the client: cessation of unauthorised use, protection of market position, recovery of losses or preservation of the value of the right.
Trade marks. A trade mark identifies the commercial origin of goods and services and, over time, embodies the reputation built by its owner. Trade mark disputes arise where two signs conflict, where a third party uses a protected sign without authorisation, or where the very existence or scope of protection is challenged. We represent clients in disputes concerning trade mark infringement and in proceedings relating to validity, invalidity or revocation. We analyse the conflicting signs, the goods and services for which they are used, the relevant public, the manner in which they are presented on the market and all circumstances capable of determining whether an infringement exists. In trade mark matters, similarity is not assessed in the abstract. What matters is how the signs are used, for which goods or services, in what context and what perception they may create among the relevant public.
Registration and protection of trade marks. Trade mark registration is an area in which we have experience. We assist clients in selecting the appropriate strategy for protecting distinctive signs and in the procedures necessary to acquire and maintain rights. A trade mark must, however, also be analysed from the perspective of conflicts it may subsequently generate. Before or during registration proceedings, we assess relevant earlier rights and the risk of opposition or litigation. Our litigation experience influences the way we approach registration as well: protection should be structured so that the acquired right can be used and enforced effectively.
Counterfeiting and unauthorised use of trade marks. Counterfeiting may affect both the rights holder’s revenue and the reputation of the trade mark and consumer confidence. In such cases, the speed of the response is important. We analyse the origin of the goods, the distribution chain, the manner in which the sign is used and the evidence capable of establishing the infringement. Depending on the nature of the case, we seek cessation of the unauthorised use, removal of the goods from commercial circulation, preservation of evidence and recovery of losses. Where the facts may give rise to both civil and criminal consequences, the strategy must be developed as a coherent whole and adapted to the client’s objective.
Urgent measures. In intellectual property matters, a favourable judgment obtained too late may be of limited practical value. Continued infringement may rapidly lead to loss of market share, dilution of a brand, proliferation of unauthorised goods or online dissemination of content. Accordingly, where a case requires an immediate response, we assess the procedural mechanisms available to stop or limit the infringement rapidly and preserve the legal position pending determination of the merits. Intellectual property litigation is not only about who is ultimately right at the end of the proceedings. Sometimes, what happens in the meantime is critical.
Evidence in intellectual property litigation. Both the existence of the right and the existence of the infringement must be proved. In such disputes, evidence may come from very different sources: registration certificates, contracts, advertising materials, products, packaging, invoices, websites, online platforms, electronic correspondence, databases, recordings and other digital material. In the online environment, content may be altered or removed quickly. For this reason, evidence must be identified and preserved before it disappears. From the outset, we analyse not only the legal argument, but also how it can be proved before the court.
Industrial designs. The design of a product may have significant commercial value and may become a distinctive feature of that product on the market. We have experience in disputes concerning industrial designs. We analyse the rights relied upon, the characteristics of the conflicting products, the registered representations and the overall impression they produce under the conditions relevant to legal protection. In such cases, the legal analysis must be combined with careful examination of the visual elements and the actual products.
Copyright. We preserve and enforce copyright. We assist authors, rights holders and users of works in disputes concerning the use, reproduction, publication, communication or exploitation of protected creations. We handle disputes concerning written works, images, photographs, audiovisual materials, digital content, software and other creations capable of protection. We analyse the existence and ownership of the right, the limits of any assignments or licences granted and the specific manner in which the work has been used. In litigation, one of the first questions is often straightforward: who owns the right and what exactly was the other party permitted to do? Contracts and evidence concerning the creation and exploitation of the work may become decisive.
Copyright and the digital environment. The internet enables a work to be distributed almost instantaneously and on a scale that is difficult to control. Photographs, texts, video materials, software and other creations may be copied, modified and redistributed without the rights holder’s consent. We assist clients in identifying and documenting such uses and in selecting the appropriate legal remedies to stop the infringement and enforce their rights. In such cases, intellectual property frequently intersects with cyberlaw, data protection, platform liability and digital evidence. This intersection requires an integrated approach.
Conflicts between trade marks and internet domains. Conflicts between trade marks and internet domains are an area in which we have experience. A domain name may reproduce or imitate a trade mark, trade name or other sign in which a person holds rights. Sometimes the domain is used to promote competing products. In other cases, it is registered to take advantage of a brand’s reputation, redirect users or prevent the rights holder from using that name. We analyse the rights in the sign, the history and manner of use of the domain, the identity of the persons involved and the evidence concerning their conduct. Depending on the circumstances, we seek cessation of the infringement, transfer or recovery of the domain and compensation for the loss suffered. Our experience in intellectual property and cyberlaw is particularly relevant in such disputes.
Unfair competition. Some disputes between competitors are not limited to infringement of a registered right. Copying the presentation of a product, appropriating distinctive elements, creating confusion with a competitor’s business or unfairly exploiting the reputation built by that competitor may require the rules on unfair competition to be analysed together with intellectual property law. In such situations, we examine the conduct as a whole. The dispute should not be built exclusively around a legal label, but around the facts and rights that allow the client’s interests to be protected effectively.
Damages. Infringement of an intellectual property right may cause significant economic loss. Establishing the extent of the damage is often one of the most difficult aspects of the dispute. We analyse the effect of the infringement on sales, the advantages obtained through the unauthorised use, the terms on which the right could lawfully have been exploited and other relevant factors for assessing the loss. The objective of the proceedings is not always limited to stopping the infringement. Where damage has occurred, the right must also be capable of being effectively enforced.
Contracts relating to intellectual property rights. Many intellectual property disputes originate in an unclear contract. Assignments, licences, agreements concerning the creation of works or materials, relationships between companies and creators, and agreements concerning the use of trade marks must define precisely the rights transferred, the limits of use and the remuneration. We advise on the negotiation and drafting of agreements concerning intellectual property rights, with particular attention to disputes that may arise subsequently. Our litigation experience helps us identify at an early stage wording that may generate conflict. A good contract should not merely express the parties’ agreement. It should also be capable of being applied when their interests no longer coincide.
Protection built for litigation. Intellectual property involves both acquiring rights and being able to defend them. We register and protect. We preserve evidence. We challenge infringements. We enforce rights before authorities and courts. Our litigation experience shapes the way we approach the entire field: before a dispute arises, we consider how the right could be defended, and once litigation exists, we build the case around the facts, the evidence and the desired outcome.
We preserve and enforce intellectual property rights.
Dr Andrei Săvescu, Lawyer
Av. Alina Matei, Lawyer
Răzvan Crăciunaș, Lawyer