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AgfaPhoto Holding Wins Trademark Dispute With Agfa-Gevaert
COLOGNE, Germany, December 13 /PRNewswire/ -- Yesterday, a decision was announced by the International Court of
Arbitration (ICC), which has been handling the legal dispute between
Agfa-Gevaert and AgfaPhoto Holding regarding use of the "AgfaPhoto" trademark
rights. According to the ICC, Agfa-Gevaert was not entitled to terminate the
existing license agreement with AgfaPhoto Holding. Its notice of termination
is therefore without legal effect and the worldwide licensing rights are
still held by AgfaPhoto Holding. The ruling is final and no appeal is
possible. In October 2005, Agfa-Gevaert attempted to terminate the license
agreement concluded with AgfaPhoto Holding. Among other things, this license
agreement includes the rights to the AgfaPhoto trademark and runs for an
indefinite term.
"We welcome the decision by the Arbitral Tribunal, which fully confirms
our point of view," says Dr. Frank Nellissen, Managing Director of AgfaPhoto
Holding GmbH. "This ruling marks an important positive signal to us and our
present and future partners with whom we enter sublicense agreements. Now we
can finally get started." AgfaPhoto Holding is planning to systematically
expand its brand activities across the entire consumer imaging market on a
worldwide scale.
Based on an order for interim measures issued last year by the Court of
Arbitration, Agfa-Gevaert was obliged to approve some sublicense agreements
negotiated by AgfaPhoto Holding. In view of Agfa-Gevaert's negative attitude
and the legal uncertainty, it has so far been impossible to expand the
sublicensing business as planned. Under the license agreement, Agfa-Gevaert
is required to approve the conclusion of sublicense agreements between
AgfaPhoto Holding and its partners. Following this arbitration award, it is
clear that Agfa-Gevaert may no longer refuse its approval based on the
argument that AgfaPhoto GmbH, the operating subsidiary of AgfaPhoto Holding,
was declared insolvent in May 2005.
"In the second phase of the proceedings which is now pending, the main
issue is AgfaPhoto Holding's claim for damages and determining the quantum of
the damages caused and payable by Agfa-Gevaert as a result of its illegal
conduct," adds Dr. Nellissen. At the beginning of the proceedings, AgfaPhoto
Holding had already estimated impending damages of no less than EUR 200
million.
In the opinion of AgfaPhoto Holding, the insolvency of AgfaPhoto GmbH was
the result of negligence and misconduct on behalf of Agfa-Gevaert. To clarify
the actual circumstances of the insolvency, AgfaPhoto Holding initiated
separate arbitration proceedings before the ICC about a year ago. As yet,
Agfa-Gevaert has not commented on the substance of the serious allegations
made, which have meanwhile also been raised by the receiver of AgfaPhoto
GmbH.
Enquiries to:
Hartmut Schultz Kommunikation GmbH
Hartmut Schultz
Tel. +49(0)89-99-24-96-20
E-mail: schultz@schultz-kommunikation.de






