The plaintiff is a holder of a figurative trademark filed at the Industrial Property Office of the Czech Republic. The trademark consists of lines forming patterns, which together create certain diagrams. These diagrams are depicted on the surface of white bread rolls produced by the plaintiff.
The defendant also produces white bread rolls, which, according to the plaintiff, are marked with the same diagrams as the plaintiff's products and therefore infringe the plaintiff's trademark rights.
The plaintiff also claims that by selling similar products, the defendant is acting contrary to the rules of fair economic competition. The plaintiff is concerned that an average consumer may be misled by the defendant's products and that the patterns on the products' surface could lead to the consumer confusing the defendant's products with the plaintiff's products.
The plaintiff demands to have the defendant abandon the production of white bread rolls with this similar pattern on their surface and to have the defendant pay a compensation to the plaintiff of CZK 100,000.
In first instance, the Regional Court in Hradec Králové dismissed the action brought before it by the plaintiff in its entirety (judgment of 27 December 2007, 33 Cm 58/2006-148). The plaintiff appealed to this decision. In second instance, the High Court in Prague upheld the judgment of the Regional Court on its merits. The High Court ruled that defendant did not violate plaintiff's trademark rights and did not compete in an unfair wat (judgment of 08 December 2008, 3 Cmo 88/2008-244). The plaintiff appealed to this decision.