Bloem_- schreef op 30 november 2017 15:04:
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Genoma Group wins the cause of the use of the Genoma brand against the company GENOMA SA Swiss Biothecnology of the Esperite group
From July 2015 to May 2017, companies GENOMA SA Swiss Biothecnology, part of the ESPERITE group and represented in Italy by CRYOSAVE srl, and GENOMA MOLECULAR GENETICS LABORATORY (Italiana), were the protagonists of a civil case claiming the right to the registered trademark "GENOMA", with the sole ownership of GENOMA MOLECULAR GENETICS LABORATORY.
The case, which was concluded in favor of Genoma Group, resulted in a judgment ruling that GENOMA SA Swiss Biothecnology, since 2014, unlawfully used the GENOMA trademark of Genoma Group's title for "parasitic" purposes having created in the public the erroneous conviction of a bond between itself and Genoma Group and thus having benefited from the reputation of the latter in the Italian market.
In particular, GENOMA SA Swiss Biothecnology has operated in the Italian market by implementing the following "confusing" strategies:
· The creation of a Swiss company with a corporate name GENOMA SA, substantially identical to the Genoma Group's name, after its refusal to enter into a commercial partnership with the ESPERITE holding to which Genoma SA belongs;
· Operations in the Italian market without the use of Genoma Group, but using the company GENOMA SA, placing it prudently in Swiss territory;
· The declaration of having an unincorporated seat in Italian territory;
· The suggestion by the Swiss company GENOMA SA to provide its own scientific informant to provide all customers with incorrect information that would act as a substitute for a colleague who actually works for GENOMA Italiana, creating confusion in healthcare professionals with likely to mislead customers.
The Court of Rome therefore concluded the case in favor of the Italian company GENOMA Group, declaring the illegality of the use of the GENOMA Swiss Biothecnology trademark prohibiting the use of any distinctive sign of its activity to the Swiss competitor and partner CRYOSAVE srl and its products containing the term "GENOMA".
The court in Rome also condemned the Swiss company:·
Withdrawal of any test and / or product bearing the brand "GENOMA Swiss Biothecnology" with no marketing of such products;
· The sale of
internet domains www.genoma.it and www.genoma.com to the Italian company GENOMA MOLECULAR GENETICS LABORATORY;
·
Publishing a sentence extract on two national newspapers, on a specialist magazine and on www.cryo-save.com, for compensation and restorer for appropriate medical information;
We invite you to report to Genoma Group any conduct other than the judgment above.
Thanks for the attention,
Team Genoma Group