Green Dot Malta Limited, a packaging waste recovery company, has won a court case against competitor Green.Mt Ltd. with the Civil Court declaring that the name of the latter created confusion for people needing waste recycling services.
Green Dot Malta Limited was incorporated in 2004 as GreenPak Ltd and was licensed by Der Grune Punkt Duales System Deutschland GmbH to use the world-known Green Dot trademark. The GRTU, through a subsidiary company, launched its waste recovery scheme under the name Green.Mt Ltd. in 2007.
Green Dot Malta Ltd had called on the court to declare that the name Green.Mt Ltd amounted to unfair competition in terms of law since the use of the “.” coupled with the words “Green Mt” was used o cause confusion in the market. Green Dot Malta Ltd had further requested the court to declare that certain press releases and circulars issued by the GRTU subsidiary company were tantamount to misleading advertising and unfair competition aimed at spreading false news to the prejudice of Green Dot Malta Ltd.
In delivering judgement, Mr Justice Pace stated that the two schemes were obviously direct competitors operating in the same field of activity and the name Green.Mt Ltd was creating confusion in terms of article 32 of Chapter 13 of the Laws of Malta.
The court said that the law laid down that businesses could not use any name, mark or symbol which could create confusion with another name, mark or symbol used legally by others.
The court had no doubt that the names could and were creating confusion among persons needing some service related to recycling, and a person could end up thinking he was dealing with a company when he was in fact dealing with another. The confusion would be due to the fact that the names were so similar. The names, put near each other or pronounced, sounded the same.
The court also ordered the GRTU subsidiary company to pay Green Dot Malta Ltd €500 by way of penalty and to destroy within 30 days any offending material it had bearing the name Green.Mt Ltd.
Dr. Antoine Naudi and Dr. Victor Axiak appeared for Green Dot Malta Ltd.