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Po šio perspėjimo laiško Rusijos pažeidėjas pakeitė siūlų logotipą bei spalvų katalogą:
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"APT ФУРНИТЮР" by fax and mail
117545, Москва,
м. ”Пражская”,
ул. Подольских Курсантов, д.3, стр.2
Рoccия 19 October, 2006
Attn. Director
Re: Infringement of copyright and trademark owner's rights
We are under the obligation of our client DOKLAS LTD. to report you that he is the owner of the trademark "RainBow" w.fig. (Int. Reg. No. 705176, priority since November 9, 1998) registered for classes 23, 24 and 26, including sewing thread, marking in the Russian Federation.
The sewing thread marked by our client's DOKLAS LTD trademark "RainBow" are produced and marked following to the palette of colours and corresponding numbering of colours specially created by our client for marking of his own sewing thread, marked by the trademark "RainBow".
Our client has became aware, that your company is selling sewing thread, bearing mark “Golden Crown”, which in his graphic combination is confusingly similar to our client’s trademark “RainBow”. You are also using the palette of colours with specific colour numbers, layout of colours, description of thread and overall get-up which is identical to the one created by our client, therefore your company is infringing not only our client’s rights to the registered trademarks but also his copyright.
Following to the mentioned above in the name of our client UAB "DOKLAS" we request to discontinue the ordering the production, import and supply for trade and selling of sewing thread, marked by the mark, imitating our client's DOKLAS LTD. registered trademark "RainBow" Int. reg. No. 705176, its wordy part and graphic composition of mark, and the use of palette of colours of our client, which was created by our client exceptionally for marking of sewing thread, marked by the trademark "RainBow".
If you ignore this warning letter, our client DOKLAS LTD. will take all possible legal measures seeking to stop the infringement of its rights and misleading of consumers concerning the producer of goods.
This letter is considered to be an official warning. Not responding to the letter would mean that you are ignoring the warning declared for you.
Please respond to the letter before 16 November, 2006.
Appendix: copy of the registration certificate of the trademark "RainBow" w.fig. Int. Reg. No.705176.
Inga Lukauskienė
Attorney at law |