LAW IS POWERLESS AGAINST BERKOWITZ

The Metropolitan Companies Registry does not execute an effective ruling concerning the rights of Traubisoda – the firm of Salamon Berkowitz may not use the name of the well-known soft drink. According to an expert this delay violates international law while the injured party has turned to the National Council of Jurisdiction with the complaint that the behaviour of the Companies Registry gravely undermines the trust in legal security.

The Metropolitan Companies Registry has not been executing the valid ruling of the Supreme Court for three years though it said that the company of Salamon Berkowitz, Traubi Hungária Company violates the law if it uses the name ’Traubi’ as the owner of the trademark, the Austrian Warimpex AG did not permit its use. Previously the Metropolitan Court ruled on first grade about this prohibiting the firm of Berkowitz producing Traubisoda in Balatonvilágos and in Veszprém, to no avail. The report of Magyar Nemzet has asked the opinion of Mária Bánki Horváth, head of the Companies Registry about the case who said they were trying to execute the ruling but each legal step was appealable and this delayed the process while Tibor Strasszer, legal counsel of Traubi Hungária Company said this was a special legal case in which execution of the ruling could not be started while a legal expert claims the Metropolitan Companies Registry could be sued in Strasbourg because a valid ruling was not executed for three years. The Metropolitan Court last month already ruled in the case of Berkowitz’s previous, non-registered firm, Traubi Company that it had usurped the trademark, but this ruling is not effective yet.

Translated by Peter Szentmihályi Szabó