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Do we have right to clame compensation of 7.000.000,00 USD

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121289

Guest
Need just opinion! The thing is that my company is from Slovenia - Europe. And we ( I )came out with great Know How from field of investment business. The business and marketing plans were so designed to start business first in US and later to spread to other continents and countries. But in order to start we have to register our brand name which is also the main key of our Know How. Since we are from Slovenia we had to register first in Slovenia and than in US. We followed the right process and than we have to wait for three months after the trade mark was published if there will be any kind of objection from any other trade mark owners. In mean time we spend all the time in seeking for venture partners. At the end of waiting period of three months we decided to send offer to potential competitor company. Our thoughts were why to take harder way it is better to join forces with them and than together attack market with our Know how. After one week we received message that they are not interested. But the strange thing happened after few days latter, we received another e-mail from that company that they are interested and if we can send some more info about our Know How. But we already get venture partner so we kindly replayed that we already got answer from them that they are not interested so we chose another company to venture with.
After few days later came the last day of waiting period. On the office where you register your trade mark here in Slovenia they told us to come the next day for certificate. But the next day they told us that they received by fax objection sent by representative attorney of the company we turn down. Later I get copied material of that objection and found out that the objection are ridicules and stupid. But on the Ministry they told me that by the low they have to wait for additional documents to receive from the company who lay in objection in order to decide if the objection is correct or not. They told us that this company has three months time period to add the missing documents. The three months has gone and thay asked for additional three months and by low they get it. So all together 6 months. And after that the Ministry came to conclusion that the objection was wrong and they give me the certificate.
But according to my business plan we already had to make profit of 7.000.000,00 USD. But this we did not because of the action of our competitor. We went to Slovenian attorney and they told us that we can expect that the court here in Slovenia will decide in our favour regarding compensation the loss we got because of that unfair objection and that the documents is evidently showing that this company did that just to delay start of our company as competitor and to achieve bigger advantage by begin on the market without us. And we could ad some more black scenario, but...
What I am asking for is my concern that if the court in Slovenia decide in our favour is the resolution obligatory for that company in US to cover our loss or we will have to seek for justice again but this time on US court too.

Thank You in advance for your answer and advice who to turn too!


Vladimir Kapevski
Company President

 


ALawyer

Senior Member
Having a business plan that says you are going to make millions does not mean you would have, and as an American lawyer, I doubt that a trademark on something new would possibly be worth anything like that. Also, what you regard as filing a bogus objection would not necessarily be conceeded as such by the other side. And I have a great deal of difficulty understanding why you could not have proceeded under alternate approacvhes in the US if that is what you wanted.

If you sued the other company in your country and got a judgment, the issue would be its enforceability in the US. That's something you should speak to the US lawyer you retain to advise you on. Check out AttorneyPages.com
 

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