STOICA & ASOCIAȚII’s team of lawyers, composed of Dragoș Bogdan (Managing Partner), Mihai Stănescu (Managing Associate) and Maria-Ruxandra Bodea (Junior Lawyer), has recently obtained another important victory for its client, a major Romanian fast-food restaurant chain.

The Bucharest Court of Appeal has definitively rejected a second request for an injunction, by which an international fast-food restaurant chain sought to prohibit the use of the visual identity of the Romanian business, based on an alleged similarity of the visual and graphic elements used with its trademarks. As in the first request for provisional injunction, also rejected by the Bucharest Court of Appeal in March 2023, the opposing party based its attack on the right to European trademarks and the existence of alleged acts of unfair competition. The novelty elements invoked in the new application for an injunction were the existence of a non-definitive solution on the merits and an alleged attempt to enter the Romanian market by concluding a franchise agreement, which was not put into practice.

STOICA & ASOCIAȚII convincingly demonstrated that the damage alleged by the opposing party remains purely theoretical - given that, despite the existence of the franchise agreement, the opposing party is not present on the Romanian market - whereas the client would have been genuinely and seriously affected by any suspension of the activity. The court confirmed that the request did not fall within the scope of the injunction, applying national and European law in a judgment that stands out for its clarity and celerity. The decision allows the client to continue its business without any interruption, setting a valuable precedent for trademark and unfair competition jurisprudence.

"The Presidential Order procedure in intellectual property matters does not take the place of a judgment on the merits of the case, nor can it be used to grant de facto enforceability to a first instance judgment on the merits, which is not enforceable. The appearance of the existence of the right and the appearance of infringement are indeed conditions that must be met, but provisional measures cannot be granted solely on the basis of them - otherwise the purpose of this procedure would be misused. By taking a pragmatic, business-like approach to the concrete circumstances, based on a thorough knowledge of the applicable European law, the Bucharest Court of Appeal paid particular attention to the case and confirmed that the interim measures requested would have exceeded the preventive purpose of the proceedings, creating a clear imbalance between the interests of the parties involved." said Dragoș Bogdan (Managing Partner).

Established in 1995, STOICA & ASOCIAȚII has gained national and international recognition in the world of law and business, through its entire activity of legal assistance and representation of a vast portfolio of clients. From its foundation to the present day, the lawyers of STOICA & ASSOCIATES have proved to be a strong team, founded on the respect of its principles: Fidelitas, Integritas, Fortitudo. STOICA & ASSOCIATES has acquired an excellent national and international reputation. Its professional performances are recognised in the most important legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.