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High Court in Prague Confirms Ad Injunction

KŠB helped a major mineral water company win injunction proceedings in a dispute over ads painted on Prague trams.

Last year, the Municipal Court in Prague issued an injunction and ruled that the defendant, the (advertising) party that leased advertising space and the owner of Prague trams, must remove the disputed ad from all Prague trams and refrain from posting it further. The defendant filed an appeal but the High Court confirmed the injunction.

The High Court held (the decision was issued on 6 February 2013) that the claimant had managed to prove that the defendant’s conduct may be considered, in the meritory proceedings to follow, to constitute harm to the claimant’s reputation. Moreover, the High Court held that the relationship between the parties needed to be adjusted in the interim since the intensity with which the disputed message was disseminated was, according to the advertising party’s statement, to increase. The High Court believes that the injunction does not pose any unreasonable restriction, not even if the ban to disseminate applies to undefined transportation means. In addition, the High Court ruled that the ad must be removed from all public trams in Prague.

The merits of the case are now to be decided by the Municipal Court in Prague.

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