Standpoint of ZKL, a.s. to ZKL Trademark Right of Use

The web site of the company Comindustrial, the present ZKL Klasterec s.r.o., contains an untrue information saying that ZKL Brno, a.s. lost its right to use ZKL trademark. We would like to express the following standpoint to this false and distorted information: The owner of ZKL trademark is the company ZKL, a.s., who acquired it in compliance with the agreement on trademark transfer dated November 21, 2001. Unlawful act of the bankruptcy assets administrator Mgr. Daniel Thonat caused the misappropriation of trademarks and their transfer to the company Comidustrial by an agreement concluded between Comindustrial and the bankruptcy assets administrator on August 30, 2002. The agreement on sale of bankruptcy assets was pronounced invalid by the court verdict of July 7, 2003. Also the newly appointed bankruptcy assets administrator treats the agreement on company sale as null and void. For this reason the matters sold by the agreement on company sale of August 30, 2002 to ZKL Klasterec, s.r.o. were returned by him on July 2, 2003 back to the bankruptcy assets inventory. In spite of the fact that the court ruling has not come into force yet, at least it should be taken into account. For this reason the company Comindustrial, or presently ZKL Klasterec s.r.o., is not empowered to express its view who has or has not the right to use ZKL trademark. This reality is further strengthened by the fact that in August 2003 the court issued the precaution order by which Comindustrial is forbidden to transfer the trademark to third parties or to burden it by liens. It is therefore apparent that Comindustrial has no right to comment on trademark use in the said manner. The decision of The Constitutional Court concerns the procedural matters only and does not limit the right to use the ZKL trademark by the company ZKL Brno, a.s. in whatsoever manner.