Cinkciarz.pl Triumphs in Landmark Trademark Battle

May 30, 2023

Cinkciarz.pl is set to get PLN 2 million in remuneration. Be that as it may, it will look for more.
The claim included the utilization of the organization’s name as a Website design enhancement state by contenders

Cinkciarz.pl, a significant Poland-based fintech firm that offers money trade and retail exchanging administrations, has declared triumph in a legal dispute that has crossed decade against another neighborhood online cash trade, which had been utilizing the contending organization’s name as a watchword to advance its administrations in web crawlers. The decision of the court states that, in addition to other obligations, it must compensate Cinkciarz.pl with PLN 2 million (EUR 440,000) in restitution.

Cinkciarz.pl Wins Brand name Case from 2013
The proprietor of Internetowykantor.pl and Walutomat.pl, two web-based money trade administrations operaring in Poland, was requested to apologize, give remuneration, and make a magnanimous gift to Cinkciarz.pl, a piece of Conotoxia Holding. The guilty party was also told to stop using the competitor’s name as a keyword in Google Ads, according to the ruling.

The case based on the utilization of the watchwords ‘cinkciarz’ and ‘cinkciarz.pl,’ including purposeful incorrect spellings, to advance contender sites on web crawlers. In spite of receiving a pre-litigation notice, the accused, Currency One, continued these illegal activities, prompting Cinkciarz.pl to file a lawsuit in 2013 and obtain an injunction for the duration of the lawsuit.

Currency One argued that the “cinkciarz” trademarks were invalid, which prompted additional proceedings before the CJEU and the Polish Supreme Administrative Court. The assertion made by Currency One that the term “cinkciarz,” which has historically been used to refer to individuals who engage in illegal currency exchange on city streets, is descriptive of currency exchange services and should not be eligible for trademark registration was a significant point of contention.

Cinkciarz.pl, on the other hand, received favorable rulings on this issue from both courts. They confirmed that “cinkciarz” can be used as a business name and trademark because it lacks any current linguistic meaning.

“We are glad to report our triumph at last. However, we will continue to pursue a higher compensation amount, believing that we are entitled to it. Cinkciarz.pl’s founder and president, Marcin Pióro, remarked, “After all, we have endured many years of court battles and the unlawful marketing practices of our competitors.” We are the forerunner in multi-money trade administrations in Poland, and we are not scared of contest. However, fairness is necessary for healthy competition.

Currency One was ordered by a court in the Polish city of Pozna to stop using the keywords “cinkciarz,” “cinkciarz.pl,” and similar terms as keywords for Google Ads and to post an apology on its websites for a month. In addition, the business is required to compensate Cinkciarz.pl for more than PLN 2 million (EUR 440,000), pay interest, and reimburse Cinkciarz.pl for 80% of its legal fees.

Setting a Global Standard for Online Trademark Violations This case demonstrates how illegal it is to use not only the trademarks of a competitor in Google Ads but also words that are similar to them or are intentionally misspelled. Cinkciarz.pl claims that because of this ruling’s far-reaching impact beyond Poland’s borders, it is anticipated that it will serve as a model for other disputes of a similar nature.

“Utilizing a contender’s brand names or name to situate sites on the Web is very normal. Numerous organizations don’t have the foggiest idea how to protect themselves against this or consider it financially outlandish,” Janusz Mazurek, an accomplice and lawyer at SSW Logical Arrangements, made sense of. ” The judgment we got in the Cinkciarz.pl case tells the best way to seek after such cases and demonstrates that an organization that utilizes exploitative publicizing need not be tolerated.”

This administering means the earnestness of online brand name infringement and features how organizations can shield themselves against such deceptive practices. The implications of this verdict can provide reassurance to businesses that have been discouraged from taking action against illegal advertising due to economic concerns or a lack of understanding.

“This is a precedent-setting decision that has an impact that goes beyond Poland’s borders. Filip Balcerzak, a partner at SSW Pragmatic Solutions, added, “The level of monetary damages awarded in similar cases has been symbolic up until this point.”

New Director, New Product, and New Financial Report Cinkciarz.pl was Poland’s first mass-market online currency exchange. It decided in 2017 to expand its business by launching the CySEC-regulated brand Conotoxia, which provides retail forex (FX) and CFD trading services.

By 2022, Conotoxia, an auxiliary of Cinkciarz.pl, displayed vital development. The group’s overall FX transaction turnover reached $8.29 billion as a result of a noticeable increase in revenue and transaction volumes compared to the previous year. This is indicative of a strong performance across the entire spectrum of services and businesses.

Conotoxia’s currency exchange turnover increased by 5% in 2022, reaching $8.29 billion from $7.46 billion in 2021. Conotoxia uses percentage and multiplier representations rather than precise numbers for other metrics to show how much their performance has improved in various business areas. Their active client accounts increased by nearly 2.5 times, establishing a new record.

In a transition to differentiate its ongoing FX and CFD portfolio in Spring, Conotoxia presented another venture warning help with a negligible section limit, taking care of European retail dealers. According to an authority articulation inspected by Money Magnates, the new help offers retail brokers customized speculation direction on unambiguous monetary instruments.

Ireneusz Pukin was appointed Director of the national branch by Conotoxia at the start of 2023. He will succeed Daniel Kostecki, who had held the position since the branch’s inception in 2021.

Source – financemagnates

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