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Ing. Vladimír Čmejla patent attorney No. 184, European patent attorney No. 133090, industrial property representative (OHIM) No. 34185, certified expert No. 532/1982 for patents and inventions
I am turning upon you as the patent attorney in the area of industrial and intellectual property rights owned by the NATURIST FREEDOM, s.r.o. company, seated at 17. listopadu 753/66, Ostrava, Poruba, Postal Code 708 00, ID. No. 268 59 181 /CZ/, represented by executive officer Vlaďka Koch, with the following material facts:
The above-mentioned company is a holder of trademark aimed at products and services pertaining to production and distribution of films and photographs from the area of naturism. We are enclosing a list of ninety-two (92) films, which are protected in the form of individual author’s works.
The executive officer of the NATURIST FREEDOM, s.r.o. company is a holder of certificates for all of these films – expert opinions proving the production of film and photographic materials with active participation of Vlaďka Koch as the director and the author of all the films. All the listed films have as been assessed by a court expert regarding their harmless content from the moral point of view. The certificates clearly prove the exclusive right of the author to disseminate the films in her country and abroad.
The films are sold and distributed through the following companies, the executive officer of which is also Vlaďka Koch:
- NATURIST FREEDOM, s.r.o., seated at 17. listopadu 753/66, Ostrava-Poruba, Postal Code 708 00, ID. No. 268 59 181
- EUROPA DOCU-SEARCH, spol. s r.o., Bohuslava Martinů 716/27, Ostrava-Poruba, Postal Code 708 00, ID No. 258 80 411
- EURIVUDFKK TM, s.r.o., Bohuslava Martinů 716/27, Ostrava-Poruba, Postal Code 708 00, ID No. 268 19 490
Any other company distributing any of the films listed in the enclosure without a valid licence issued by the author of the works, violates the copyright © of the individual films and is liable to sanctions according to the law, in the form of compensation for damages, right to extradite unjust enrichment and payment of further adequate satisfaction. The company may be liable for criminal prosecution – imprisonment in cases when the violence of copyright or trademark is proven.
The protected works are marked with some of the following trademarks:
- International Trademark “NATURIST FREEDOM”, No. 86710, of 29th November 2004 for 6 states (GB, BE NE LUX, DE, US) for categories of services and products No. 9, 16, owner NATURIST FREEDOM, s.r.o.
- National Trademark “NATURIST FREEDOM”, registration No. 268021, of 5th May 2004 for the Czech Republic, for categories of services and products No. 9, 16, 35, 38, 41, owner NATURIST FREEDOM, s.r.o.
both Trademarks are protected with the following mark:
The mark is depicted on the booklet for the film DVDs. The marking is also shown at the initial part of each film.
Consequences of Violation
- The author’s work violated by the means of unauthorized copying, without the licence agreement regarding its distribution.
The subject stealing the author’s work received unjust income by unearned takeover of the author’s work, as the subject was not required to make any effort and invest time required for the making of the author’s work. The unauthorized distribution brings further damages for the owner of the work, with the competitor occupying part of the market.
In accordance with Law No. 121/2000 Coll. of 7th April 2000 regarding authorship and other related rights, as amended, § 40 – protection of the authorship rights, Article 4: the unjust enrichment arises on the side of the party which unjustly uses the author’s work, without prior consent or obtaining the licence to do so; the amount of damage being twice the costs which would have been under usual circumstances necessary for obtaining the licence, at the time of unauthorized use of the author’s work.
Any person who unjustly interferes with the copyrighted materials... will be punished with imprisonment for the period of up to two years, or with a fine, or forfeiture. (§ 152 of the Criminal Law No. 140/1961 Coll.)
- In case of unauthorized use of photographs, DVD booklets, or films marked with the protected logo in the form of a trademark, the person violating the law may be liable to the following consequences:
In accordance with Law No. 444/2003 Coll. regarding trademarks… in § 8, Article 1 states: “The owner of the registered trademark possesses the exclusive right to use the trademark in connection with products and/or services for which the mark is protected.” Article 2 of the same § 8 also states: “Unless stated otherwise by this Law, no person is allowed in business relations, without prior consent of the trademark owner: b) to use a marking, which, due to its identity or similarity with existing registered trademarks or identity or similarity of the services and/or products might be mistakenly substituted by the general public, including the probability of association between the marking and the trade mark”.
In cases of unauthorized intervention with the copyright and trademark rights, the owner of the trademark is entitled to seek protection from the court, and request for the violation to be terminated, the owner is further entitled to seek adequate compensation, including monetary; the right to extradite the unjustified enrichment and compensation for damages remain intact (Article 4, § 8).
In accordance with Law No. 140/1961 Coll, § 150, Article 1: any person who imports, exports or puts into circulation products or services protected with copyright owned by a different person, or under a mark which may be easily substituted, will be punished with imprisonment for the period of up to two years or with a fine or forfeiture.
- Both means of violation are also characterized with elements of unfair competition:
Unfair competition is punishable with Law No. 513/1991 Coll, being defined in § 44 as acts, contradictory to the good morals of competition, being able to cause damage to other competitors of consumers. The definition includes namely deceptive marking of goods and services, constituting a risk of substitution, parasitism on the good name of the company, products or services of another competitor.
The persons threatened with above-defined unfair behaviour are entitled to seek relief against the violator in the form of a removal of the defective condition, as well as seek adequate compensation, including monetary one. Compensation of losses and extradition of unjust enrichment may be also claimed.
In the name of the NATURIST FREEDOM s.r.o., owner of the rights patent attorney and court-appointed expert Ing. Vladimír Čmejla.
Enclosure: List of 102 films produced by the NATURIST FREEDOM, s.r.o. company.
Titles of 102 films produced with Vlaďka Koch, executive officer of the company as the director, and sold by the NATURIT FREEDOM s.r.o., Eurovid FKK s.r.o. and Europa-Docu Search, spol. s r.o. companies
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