Claimant is owner of two European trademarks protected in classes 9, 10, 35 and 44. Namely for medical instruments and services based on bioresonance. The defendant, a former employee of the claimant established an own company and became a competitor of the claimant.
Claimants called “ZSOLNAY”, descendants of Mr. ZSOLNAY, founder of the famous Hungarian porcelain brand “ZSOLNAY”, are owners of European word mark ZSOLNAY registered in classes 17, 18, 20, 25 and 45, but the mark is not used by them in their market activity.
The applicant is owner of a word mark and two word-and-device marks each comprising the term “Használtautó” [meaning: ”second hand car”], registered in class 35 for advertisement, in class 38 for telecommunication services and in class 41 for entertainment services.