Summary: The Market Court prohibited a distributor from using
marks confusingly similar to registered trademarks of former
principle based on unfair business practices act.
Facts
The defendant had acted as a distributor for the plaintiff's
kitchens for over ten years using a mark
"Keittiömaailma" (which roughly translates to
"Kitchen World"). While acting as a distributor the
defendant had registered a domain name
"keittiomaailma.com" in May 2000. Since its registration
the defendant has used the domain in distributing and selling the
plaintiff's products.
The plaintiff used the mark "Keittiömaailma" to
sell its kitchen through the defendant and other distribution
channels. The plaintiff started protecting its rights in the mark
"Keittiömaailma" in 2002 and since then has
registered a trademark "Keittiömaailma" and several
auxiliary business names containing the work
"Keittiömaailma". The plaintiff also registered in
its name the domain name
