The Indirect Taxation Authority, acting on the request of "AAA" for the destruction of goods infringing intellectual property rights, pursuant to Article 7 of the Indirect Taxation Authority Act ("Official Gazette of BiH" No. 89/05), Article 95 of the Law of Trademarks ("Official Gazette of BiH" No. 53/10) and Article 14 of Decision on Implementation of Customs Measures for the Protection of the Rights of the Trademark Proprietor ("Official Gazette of BiH" No. 41/12), hereby passes:
The Accused is guilty of having printed and put into circulation a „CCCC“ textbook violating the provisions of Article 20 of the Law on Copyright and Related Rights in BiH ("Official Gazette of the Republic of BiH" No. 63/10) in the period 2010 - 2014 in the place „AAAA“ as Director and responsible person of the firm „BBBB“, without the permission of the author, entered the text of „DDDD“, which text is an integral part of the edition of „EEEE“, by „FFFF“ author, publisher „GGGG.“
It is a correct legal conclusion of the first instance court that in this case, there are two opposing trademarks, one of which is verbal and the other figurative, as stated in the judgment of the Court of Bosnia and Herzegovina number: S1 3 U 002571 10 U dated 04.04.2012 and that this gives them a certain degree of distinctiveness and this court considers that the plaintiff can not request the claim to ban the defendant from using the word "MMMM", nor to claim damages because there is no valid...