2024-02-12 11:18:29
- Three sociological studies and a case that lasted three years in three instances proved that the sign is associated with the publications of “168 Chasa” EOOD
- A group connected to the city of Plovdiv is causing image and financial damage to the media group, which has been on the market for 30 years
The website of “24 Chasa” is a continuation of the newspaper “24 Chasa” – a publication with more than 30 years of presence on the market of printed and online information services, therefore the number 24 is associated precisely with its brand. This is indicated by three judges of the Supreme Administrative Court (SAC), who on February 6 of this year finally put an end to a dispute that started back in 2020.
It went through the Commission for the Protection of Competition (CPC), twice reached the Administrative Court of Sofia Region and twice before the Supreme Court.
The case was initiated by “Media Group 24” EOOD, which in 2004 chose this name, defining itself as a “dynamic media vertical Internet company”.
It’s the period curious, so as at the end of 2003 newspaper “24 hours”, created in 1991, released on the online market
with the site “24 chasa”. At the same time, regional applications for Plovdiv, Varna, Burgas, Stara Zagora are published in the national paper edition in the largest cities of Bulgaria.
However, how the owners of the Plovdiv-related group choose exactly the number 24 as a brand on their regional sites is not clear.
Obviously, the success of the media brand “24 Chasa” seemed easily achievable for imitators and they started with the site Plovdiv24.com, which, however, has nothing to do with the editions of “24 Chasa”.
Today, the national website “24 Chasa”, which is published by “168 Chasa” EOOD, is in the top 3 of the most read in Bulgaria with nearly 2 million unique visitors in January 2024.
On October 22, 2019, “24 Chasa” registered a domain – 24Plovdiv.bg, which it has been using since November 8, 2019. One of the most successful “24 Chasa” teams in the country works in the second largest city.
And unexpectedly, the Plovdiv company decided that “24 Chasa” was imitating their brand, which is more than absurd, since at that time the 30-year-old media was suffering image and financial damage. Readers and advertisers call the office of “24 Chasa” in Plovdiv, convinced that news or advertising is in the original, whose credibility they have believed for 30 years.
At the same time, the imitators file a complaint with the Commission for the Protection of Competition (CPC). The case is based on three texts of the Law on Protection of Competition, which are generally about misleading information and unfair competition.
In 2020, the Plovdiv company lost the dispute in the CPC, which announced that it did not detect unfair competition. However, he appealed to the administrative court, which heard the case twice, and to the Supreme Court.
According to the judges, informational content on the Internet represents an alternative, and historically, a continuation of the market of printed publications of an informative nature, i.e. newspapers.
Therefore, the influence and establishment of a brand in another relevant market entails recognition in a similar market.
Or to put it more simply, “24 Chasa” has established itself as a brand in the newspaper market, therefore it is also recognizable on the Internet, where the sites are distributed.
The court also states that the sector is one and the same, namely the provision of a media information service.
A triple forensic trademark examination was also carried out in the case. The experts support the CPC’s findings that
the brand “24 hours” is imposed earlier on the market
and that is why people associate it with the editions of “168 Chasa” EOOD.
In support of this thesis, the experts have highlighted the sociological studies applied to the case.
There are three of them – the first is from July 2019 and belongs to the Trend Research Center. 917 adult Bulgarians were asked what they associate the brand “24 hours” with – a trademark, a unit of measure of time, a day or something else. 58% of the 917 people said it was a brand name. 14% take the phrase literally and for them it is just one day. For 6% it is a “time unit”.
In June 2021 and in February 2023, two more sociological studies were conducted, but this time by “Alpha Research”. The main thing they emphasize is
with what people connect the number 24
“The three studies were applied to the case and reflect the way in which users of the media market perceive the distinguishing signs containing the number 24. They are also referred to by the triple forensic trademark examination that was made in the case.
According to experts, the number 24 is associated by users of media content as part of the brands of “168 Chasa” EOOD. The experts are of the opinion that this is due to the more than 30-year presence of the company in the market of providing printed and online information services.
At the same time the Supreme Magistrates point out that
on the part of “24 the hours” are not open actions of disloyal competition, for sanctions to be imposed.
The same opinion was previously advocated by the CPC and the administrative court, which said that no actions or inactions on the part of “168 Chasa” EOOD were found that contradicted the bona fide commercial practice
In the case, there are many decisions of the Patent Office as evidence. However, the court says that they are not relevant to the dispute, but notes something very interesting.
Even when considered in substance, the presented decisions of the Patent Office confirm the conclusion of lack of validity of the trademark “plovdiv24.com. Everything about Plovdiv in one place”.