The District Court of Ljubljana upheld our appeal against the establishment of MOJ TV KLIK d.o.o.

With the Decision of 19 April 2012, annulling the Decision on the establishment of a limited liability company, Srg 2012/16610, the District Court of Ljubljana upheld the appeal of KETNER d.o.o., and annulled the decision on the establishment of MOJ TV KLIK d.o.o. of 9 February 2012.

The Court’s decision is based on Article 47 of the Industrial Property Act (IPA), which gives the exclusive right to the company, KETNER d.o.o., being the owner of the KLIK TV trademark (Reg. No. 200871991), to use the KLIK TV trademark, and to prevent all third parties who do not have their consent to use any trademark, which due to its equality or similarity to the KLIK TV trademark, or equality or similarity of the goods or services with the KLIK TV trademark or sign could mislead the public, including the likelihood of association of the KLIK TV sign and trademark. In addition, the company MOJ TV KLIK d.o.o. is in contradiction with the principle of the exclusivity of the company.

According to the opinion of the Court, the company MOJ TV KLIK d.o.o. could create confusion with the KLIK TV trademark, especially because the KLIK TV trademark is registered for telecommunication services like the company MOJ TV KLIK d.o.o. Interchangeability causes confusion on the market and infringes the rights of KETNER d.o.o.