Chiuariu & Associates successfully assisted and represented a client operating in the theme park services sector in one of the most widely covered intellectual property disputes in recent years. A commercial entity sought, by way of a preliminary injunction, the temporary prohibition of the use of the “ARCA” trademark – registered at the European Union level (EUIPO) – as well as the internet domain arcaland.ro, invoking the similarity of the signs and the existence of an alleged likelihood of confusion.
The case involved significant stakes, considering that the ARCA theme park – located near the city of Iași and spanning over four hectares – rapidly established itself as a landmark destination , following substantial investments. The combination of an interactive zoo concept with recreational spaces and seasonal themed events attracted tens of thousands of visitors and, inevitably, significant media attention.
The Courts’ Ruling: The Principle of Proportionality and the Absence of Concrete Damage
The competent courts dismissed the preliminary injunction request both at first instance and on appeal, retaining the following essential arguments:
Right to use the registered trademark. The registration of a trademark at the European Union level grants the holder a right of use that a mere preliminary injunction request cannot override. The claimants failed to prove the intention of the subsequent trademark holder to take unfair advantage of the reputation of the earlier trademark or to create the appearance of a connection between the two signs.
Absence of urgency. The use of the trademark had been tolerated for a significant period of time, which precludes the existence of a genuine urgency – an essential condition for the admissibility of any preliminary injunction request.
Absence of proven damage. The claimants failed to demonstrate in any way that the use of the subsequent trademark had caused them any actual damage.
Principle of proportionality. Prohibiting the use of the trademark would have caused disproportionate harm to its holder, affecting an already operational project, well-established in the market and backed by considerable investments, while the damage invoked by the claimants did not justify such an intervention.
This ruling confirms a fundamental principle in intellectual property law: trademarks registered at the European Union level benefit from robust protection, and urgent proceedings cannot be used as a tool to remove legally acquired rights in the absence of concrete evidence of damage and urgency.
The decision underscores the importance of a proactive legal strategy in complex intellectual property litigation and the need for rigorous assessment of the specific conditions for urgent proceedings, both from the perspective of the claimant and the defendant.
Chiuariu & Associates Team
Legal assistance and representation in this case were provided by Dr. Tudor Chiuariu, Senior Partner, and Tatiana Șoldănescu, Partner.
About Chiuariu & Associates – Intellectual Property
Chiuariu & Associates – Intellectual Property is a leading firm on the Romanian market, specializing in all areas of intellectual property: patents, trademarks, industrial designs, copyright, and domain names. The firm provides integrated legal, technical, and strategic advisory services, tailoring each solution to the specifics of the client’s business.
With a team of attorneys holding dual specialization – legal and technical – and collaborations with top experts across various fields, the firm ensures high-quality assistance in administrative and contentious proceedings, from the registration phase through complex rights infringement litigation.
Contact: office@chiuariulawyers.ro | +40726 778 068 | chiuariulawyers.ro
