Have European Law Questions? Ask a Lawyer Now.
José M spanish attorney
According to European law the copyright protects you against the abuses of third person of using your trade mark
Now you know what happend you could sue him to stop in the use or/and demand damages and money for the ilegal use of your trade mark
Ussually as a indemnization sum we use the profit that we could think he is getting with our mark or the money you should asking him if he should ask for autorithation before the use
Contact a local attorney who demand him to stop in the use and to try to get an agrement out of court and if they refuse your claims you will have to sue him in court
Is the fact that my mark states Kinnitty Castle and his Kinnitty Castle Hotel of any relevance. Is he still in breach ?
Yes, the names are XXXXX XXXXX same it will be considered as a simple ilegal copy. They considererthe proximity of the names and the fact that both of you works on the same business