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Trademarks in International Trade: 5,000 High-Quality Athletic Sneakers

Serbia
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What do Panama, the Netherlands, Latvia, and Serbia have in common? A shipment of over 5,000 high-quality athletic sneakers travelled through these countries before being halted at customs over authenticity concerns.

The primary issue centred on potential trademark infringement due to suspicions that the goods might be counterfeit. Customs officials raised concerns because some labels, tags, and QR codes on the sneakers were damaged. As a result, the goods were detained in several ports, and the importer was compelled to prove their authenticity each time.

Initially, the exporter declined to assist, citing that the shipment was conducted under the ExWorks Incoterms clause. However, the importer contended that even with ExWorks, the exporter is still obligated to ensure the goods and accompanying documents are in order.

Since the containers were sealed at the exporter’s warehouse, it was quickly determined that the exporter was responsible for the non-conformity of the goods. This realisation altered the dynamics between the parties involved, prompting the exporter to provide additional documents and guarantees. Eventually, the full chain of title was established, confirming the authenticity of the goods, which led to their release. 

The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.

By Goran Radosevic, Partner, and Nikola Kliska, Senior Associate, Karanovic & Partners

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/

 

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