Svět Knihy Praha

Expo-Guide

Expo-Guide S de RL de CV
Apartado Postal N° 39-064
México D. F.
15621, Mexico

Dear Sir/Madam,

On 26 July 2011 Svět knihy, s.r.o. [Book World Ltd.], a company of the Association of Czech Booksellers and Publishers based at Fügnerovo nám. 3, 120 00 Praha 2, obtained promotional materials from the company Expo-Guide S de RL de CV, Apartado Postal N° 39-064, México D.F., 15621, specifically a questionnaire by the firm Expo-Guide S de RL de CV that offers other firms or companies the updating of business data for promotion at a trade fair through registration in the database of the Expo-Guide S de RL de CV company.

Within the framework of its programme for the raising of the visibility and promotion of promoted firms, this questionnaire uses the letterhead of the company Svět knihy, s.r.o. registered office at Fügnerovo nám. 3, 120 00 Praha 2, which is one of the organizers of the Book World Prague – Svět knihy Praha book fair. This erroneous, untrue information gives rise to the impression that the updating of data offered by the Expo-Guide S de RL de CV company is guaranteed by and performed under the auspices of a ‘well-known’ organizer.

In the above-mentioned form the Expo-Guide S de RL de CV company attempts to give the false impression that promoted firms and companies will receive as part of this offer on the basis of a completed form or questionnaire free-of-charge services consisting in the raising of the visibility of the promoted firms by use of the database or catalogue of the Expo-Guide S de RL de CV company under the auspices of the above-mentioned guarantor and co-organizer of trade fairs, the Svět knihy, s.r.o. company.

In the above-mentioned form, reference to the future imposition of a fee for such services is artfully concealed in an unexpected place, among other information that is of little importance for the making of a decision on whether to enter into an agreement; it is very easy to overlook this artfully concealed information, which states that by this step, i.e. the completion of the questionnaire, the firm or company in question enters into a contract with the Expo-Guide S de RL de CV company, and which refers to payments that arise as a consequence of this contract.

The insidious expectation on the part of the Expo-Guide S de RL de CV company that the customer will trust in the imperfect information it gives, presume that customary good practice will be respected, and not apply his full concentration to the study of instructions and general conditions of business, is founded on the deceitful behaviour of the Expo-Guide S de RL de CV company.

The company Svět knihy, s.r.o. registered office at Fügnerovo nám. 3, 120 00 Praha 2, has never granted nor rendered by any means its permission to the Expo-Guide S de RL de CV company that said company may use its name, brand, logo or designation or any other trademarks. In respect of the fact that this wrongdoing has occurred repeatedly, the Svět knihy, s.r.o. company makes plain its vehement objection to the repeated illegitimate use of its name, designation, logo, and other trademarks in promotional and other materials of the Expo-Guide S de RL de CV company.

In this particular instance there has occurred on the part of the Expo-Guide S de RL de CV company the repeated, illegitimate and unauthorized use of the name and designation of the Svět knihy, s.r.o. company and the parasitizing of the reputation, name, brand, logo and other trademarks of the Svět knihy, s.r.o. company.
This illegitimate and repeated use of the name and other trademarks of the Svět knihy, s.r.o. company in the materials of the Expo-Guide S de RL de CV company constitutes an unambiguous violation of Sections 44, 45, 46, 47 and 48 of the Commercial Code and violation of paragraphs 209 and 248 of the Criminal Code.

Section 44

Unfair competition means conduct in economic competition which conflicts with the accepted practices of competition and which may be detrimental to other competitors or customers. Unfair competition is prohibited.
In the sense of this article unfair competition means in particular the following:
(a) misleading advertising;
(b) misleading marking of goods and services;
(c) conduct contributing to mistaken identity;
(d) parasitic use of the reputation of another competitor's enterprise, products or services;
(e) bribery;
(f) disparagement;
(g) comparative advertising;
(h) violation of trade secrets;
(i) endangering the health of consumers and the environment.

Section 45

Misleading advertising is the dissemination of information by a competitor about its own or someone else's enterprise, products or services, with the aim of creating misleading perceptions as to the advantage of its own or someone else's enterprise at the expense of other competitors or consumers or customers.
Dissemination of information is deemed to be communication through the spoken or written word, the press, pictures, photographs, radio or television broadcasts or other communications media.
The use of a fact which in itself is true but which, owing to the circumstances or context in which it is presented, may be misleading, is also considered to be misleading.

Section 46

Misleading marking of goods and services means the marking of goods and services in such a way as to create an erroneous impression in the marketplace about the country, region or location where the goods or services so marked originated or are made by a certain manufacturer (producer), or the special characteristics or quality of such goods or services. It is irrelevant whether such markings appear on the goods, the packaging, or in commercial documentation, etc. It is also irrelevant whether the misleading marking was provided directly or indirectly, or by what means. Section 45(3) applies as appropriate (mutatis mutandis).
Misleading marking also means incorrect marking of goods or services with expressions such as "(of) the kind", "(of) the type", or "(using) the method" in order to distinguish such goods or services from an authentic original, if such marking is capable of creating an erroneous impression with regard to the origin or nature of the goods or services involved.
The marking of goods and services which is commonly used in business to describe a particular kind or a particular quality is not considered misleading, unless accompanied by additional words which might be misleading, e.g. "genuine", "original", etc.
The above provisions do not affect rights and duties ensuing from the registered designation (marking) of products, trademarks, protected plant varieties and livestock (animal) breeds, as stipulated by particular Acts.
Advertising as part of business activity and for purposes of economic relations that offers registration in catalogues such as telephone directories and other lists by means of payment forms, money orders, invoices, the offer of amendment or similar, must contain unambiguous and explicit information stating that this advertising is only an offer to enter into a contract. This applies equally in the case of a direct offer of such registration.

Section 47

Conduct contributing towards mistaken identity means using a commercial name or designation or the special designation of an enterprise which is already legitimately being used by another competitor, using the special designation of an enterprise, a special marking or a specific design related to products, services, or commercial materials which customers associate with a particular enterprise, or a particular branch of an enterprise (e.g. packaging, printed matter, catalogues, advertising materials, etc.), imitating a competitor's products, packaging or performance, unless this imitation involves elements which are predetermined functionally, technically or aesthetically, and the imitator has taken every possible measure which could be required of him to avoid the danger of mistaken identity, or at least has substantially restricted such danger, if such conduct is capable of creating the danger of mistaken identity or a misleading notion about a particular enterprise, its commercial name or special designation, by using such designation or by imitating the products or services of another competitor.

Section 48

Parasitic use of reputation means the use by a competitor of the reputation of another competitor's enterprise, products or services to gain extra benefits for its own or a third party's business activity which would not otherwise have been achieved by such person.

By the behaviour of the Expo-Guide S de RL de CV company, the Svět knihy, s.r.o. company considers itself to be intentionally, wilfully and deliberately deceived on the basis of the illegitimate, unauthorized and repeated use of the brand, logo, designation and other trademarks of the Svět knihy, s.r.o. company in materials for which no approval for use or publication has been granted on the part of the Svět knihy, s.r.o. company to the Expo-Guide S de RL de CV company. The illegitimate use of these materials may lead to purposes and aims with which the Svět knihy, s.r.o. company in no way identifies.

From the criminal point view it is highly probable that in accordance with paragraph 209 of the Criminal Code on the violation of directives governing the rules of economic competition a deception has been practised by the Expo-Guide S de RL de CV company on the Svět knihy, s.r.o. company.

For the reasons stated above, the Svět knihy, s.r.o. company dissociates itself from the whole affair. Also the Svět knihy, s.r.o. company demands that arrangements for rectification of the situation should be made forthwith. Further the Svět knihy, s.r.o company forbids any further use by the Expo-Guide S de RL de CV company of the name, designation, logo or any other trademark of the Svět knihy, s.r.o. company in any advertising or other materials of the Expo-Guide S de RL de CV company, in any connection with or relation to the Svět knihy, s.r.o. company without express written consent.

In the case that no arrangements should be made for the immediate rectification of the situation on the part of the Expo-Guide S de RL de CV company in relation to the Svět knihy, s.r.o. company, the Svět knihy, s.r.o. company reserves the right to exact by judicial means any damages caused by or ensuing from the parasitizing of its reputation, the illegitimate and repeated misleading marking of its goods and services, time invested, lost earnings, costs of communication media, support staff, legal aid, etc.
At the same time the Svět knihy, s.r.o. company reserves to the right publicize the whole affair in the media to the maximum extent.