The problem began in 2010. When the foundation “Equal Opportunities” conducted by Dariusz Michalczewski Tiger terminated the contract with promotional company FoodCare housing in the village of Zabierzów near Krakow. With the termination of the contract expired the powers of the company to use the name “Tiger” Dariusz Michalczewski or a pseudonym, and the image of the athlete.
“Do not break the agreements”
Still FoodCare still produced energy drinks under the same name, so the a few months on store shelves were available two drinks of different companies, but with the same name “Tiger”: one produced by podkrakowską company, the second by the company Maspex, which is currently working Michalczewski.
the case lasted nearly six years . March 29, the District Court in Krakow stated that the right to designate for Tiger energy drink has only Dariusz Michalczewski. In this way, he sustained the earlier decision prohibiting the company FoodCare sale and advertising of a beverage with the label “Tiger”.
– This is a very important judgment, again in my favor and devastating for FoodCare – says Dariusz Michalczewski Tiger. – The courts are unanimous in my case, and this is most important. Judgment in Krakow once again confirms that the wicked behavior in business methods, which uses the company FoodCare, you can not tolerate. In life and business, it operates a fair and does not break contracts – I hope that the company Mr. Włodarski (FoodCare – ed. Ed.) Will be the remembered in the future.
the Foundation will receive 22 million zł
the agreement assumed that the image of the famous boxer could be used by FoodCare only for the duration of the contract. – The agreement was concluded for a fixed term for a period of 50 years with an option to extend for another 50 years, and force the heirs Darek – explains Emilia Hahn Michael Bridge Communication, a PR firm that supports the foundation “Equal Opportunities”. – Despite the termination of the contract, the company FoodCare continued its sale of the product with the Tiger and will use the association with the sign of the Tiger by advertising its new product.
The court in the reasoning emphasized that the operation FoodCare was contrary to good morals, and especially with the principle of “pacta sunt servanda”, which means that “agreements should be kept.” FoodCare Company has paid to the account of the foundation “Equal Opportunities” compensation in the amount of nearly 22 million zł – so much demanded in 2014. Michalczewski for unlawful use of his nickname.
– In life is like in sports, you just have to be fair, and my story is an example of how persistently have to fight to prove their case – says Michalczewski. – The case lasted for years, but it was worth it, you need to eradicate such behavior, which acts out the company FoodCare.
In January 2011, the. District Court in Kraków issued a decision, which forbade FoodCare sale and promotion of drinks with “Tiger”. The company appealed to the Court of Appeal, but it was dismissed. The court also took all the energy drinks labeled “Tiger” and promotional materials, which had FoodCare.
Despite the efforts, we were unable to get a comment from the company FoodCare.
are Facebook . Join us and share your opinions.
If you would interest us interesting topic, write to: dyzur@gdansk.agora.pl
No comments:
Post a Comment