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Ana Maria Kusak

Partner

With over 15 years of legal practice experience, Ana Maria Kuşak has been a specialist in Competition and Intellectual Property, also being an Intellectual Property Counselor since 2004 and a European Trademark and Design Attorney with EUIPO).

Prior to becoming a partner in our firm, Ana has coordinated the competition & IP practice of Muşat & Associates (until 2006), Clifford Chance (until 2008) and has been a partner with Mareş / Danilescu / Mareş (until 2016).

Ana has gained her extensive experience in the competition law by assisting international and prominent local clients in relation to various issues such as complex clearance in M ​​& A cases, antitrust issues in various industries (transport, automotive, pharma, FMGC, just to name a few), State aid specific matters, etc. She has also developed antitrust compliance programs / trainings tailored to the client's specific needs.

Her extensive experience in Intellectual Property includes assisting both local and international clients in matters relating to complex copyrights and other related rights issues in various industries such as advertising, media, music, theater and cinema, literature, public relations and corporate communications as well as in trademark matters, designs, counterfeiting and data protection and privacy.

Ana has been a member of the Bucharest Bar since 2002.

LANGUAGES

English - French - English - French

 

EDUCATION

2004 - Intellectual Property Counselor (trademarks)

2002 - Member of the Bucharest Bar

2001 - "Nicolae Titulescu" University - Faculty of Law

 

PROJECTS

  • Assisting one of the most important Romanian PR & communication agencies in various IP and commercial issues, including copyrights infringements, specific advice in the advertising and media sectors;
  • Legal assistance to one of the most famous trademark-licensing companies in the world in relation with the protection of its trademark-related rights in Romania;
  • Assisting one of the top international media and advertising group in various commercial matters, including review and negotiation of commercial agreements, data protection, protection of copyrights;
  • Assisting a Romanian artistic representation company in various IP matters, including copyright protection, drafting and negotiating complex agreements for various Romanian artists in the music, cinema and theatre industry;
  • Assisting a Romanian beverage producer in relation with various IP-related issues, including the European registration of their trademarks;
  • Assisting one of the most important automotive players in the world in relation with competition aspects of the business;
  • Assisting one of the most prominent players on the canned-products Romanian market in various commercial and IP-related issues, including managing its significant trademark portfolio and representing its interests in the process of registering the second European Protected Geographical Indication in Romania;
  • Legal advisor for the most important private railway freight transport operator in Romania in relation to its multi-million acquisitions of various companies in the industry. The mandate consisted of filing for and obtaining the Competition Council’s clearance;
  • Legal advisor to the public TV station in relation with several intellectual property issues, including representation in various litigations;
  • Legal assistance to famous Romanian producer in relation with the protection of its intellectual property rights over the first European Protected Geographical Indication in Romania;
  • Assisting one of the important international players on the pre-paid products and solutions/operations market in relation with various commercial issues and day-to-day business;
  • Legal advisor to one of the most important Romanian software developers on various corporate/commercial and competition issues related to the acquisition of 70% of its share capital by international investment fund;
  • Legal advisor to one of the top players on the energy-related products market on several corporate/commercial, IP and litigation issues;
  • Legal advisor to famous media holding on several corporate/commercial and intellectual property issues;
  • Legal advisor to one of the most important players on the Romanian entertainment market in relation with corporate/commercial matters and various litigations;
  • Legal advisor to a leading Romanian construction company on various commercial/corporate matters (including commercial agreements) and several litigations;
  • Legal advisor to an international telecom company in relation with competition aspects of the acquisition of another company in the industry;
  • Legal advisor on competition matters, including a seminar on the concept of dominant position and potential abuse of such, to one of the biggest players on the glass products market in the world;
  • Legal advisor to one of the most important players on the steel market in relation to various insolvency litigations;
  • Legal advisor to the public heating company in relation to its restructuring process, including the write-off of its debts of more than Euro 1 billion.

Latest deals

Deals per practice area
Show allIP & Life Sciences
First Property/MAESTRO (IP)
IP & Life Sciences

Stratulat Albulescu Attorneys at Law assisted First Property Group plc, a property fund manager and investor with operations in the UK, Poland and Romania, in conjunction with a club of investors, on the acquisition of the MAESTRO BUSINESS CENTER Office Building located in Cluj -Napoca, Romania. First Property Group plc is an award winning property fund manager and investor focusing on a high yielding commercial property with sustainable cash flows.

The assistance provided by the Company covered all legal aspects of the transaction from the outset, including the preparation of legal due diligence, drafting and negotiating transaction documentation and assistance in the financing of the acquisition.

Edward Neuk Company (IP)
IP & Life Sciences

We offer extensive legal advice to Edward Neuk Company SRL in various issues on technology law, data protection and intellectual property issues related to the Kuende social platform, including advice on patent protection issues.

Our patent-related legal advice is based on the Open-Source Technology "React Native", created by React Native technology, patent infringement by Facebook Inc. and terms of use of React Native technology in accordance with the licensing terms of this patent.

Following the monitoring of the Kuende trademark portfolio, we discovered a potential conflict with the European trademark application "KuCoin" no. 017468951 and filed a formal opposition with EUIPO invoking the earlier rights of our clients over the earlier trademarks "Kuende", "Kcoins", "Kuende Coins".

World Class Romania (IP)
IP & Life Sciences

Our company has successfully represented World Class Romania SA in front of the Bucharest Court of Appeal in connection with the cancellation of the registration of the national trademark "WORLD CLASS" no. 111767, filed in the name of Liburne Investments Limited.

We have provided extensive legal advice on the use of copyrighted music within the World Class clubs, as well as the costs and procedures involved with such use with the competent collective copyright body - UCMR-ADA.

La Fantana S.R.L (IP)
IP & Life Sciences

We offer our client extensive legal advice on the civil and criminal risks associated with breaches of trademark, design and patent law, regarding earlier international and European patents, European trademarks and European designs. Our advice on this matter involves obtaining the written consent of the proprietor of the earlier intellectual property rights, reviewing commercial agreements, identifying legal solutions in order to avoid breach of protected patents.

Paxdorf Design (IP)

We are representing our client in the negotiation proceedings for the conclusion of a co-existence agreement with Juweler Wagner GmbH, regarding our client's trademark "WAGNER Beautiful Arts and Stories" no. M 2017 07295. Juweler Wagner GmbH is the owner of several European trademarks registered for similar products.

LOJA Fructelor (IP)
IP & Life Sciences

Our company has assisted the client in relation to the registration and subsequent assignment of the European Trademark "SLOOP" no. 011684941 and the national trademarks: combined trademark no. M 2013 02455, combined trademark M 2013 02456, combined trademark M 2013 02457 combined trademark M 2013 02458 and verbal trademark "O GOOD FRUIT SMUTICE" no. M 2013 02459. We negotiated and drafted the assignment agreement and assisted the parties to the execution of such.

Luxury Advisor Group (IP)
IP & Life Sciences

We are assisting our client in various trademark related matters, namely, advice, assistance and representation before the State Office for Inventions and Trademarks (OSIM) in the opposition proceedings, as well as a provisional refusal procedure concerning the national combined trade mark application "LUXURY ADVISER GROUP PRACTICE OF EXCELLENCE "no. M 2017 05016.

Global Records (IP)
IP & Life Sciences

Our company has provided assistance and support to the record company / publisher GLOBAL RECORDS regarding the Notification of the trademark and copyright infringement regarding the band name "THE CODE" received by Beck Green as representatives of Soul Sound Music Limited.

Following the Notification received from Next Retail Limited regarding their earlier intellectual property rights and number of European trademarks, we have represented our client in the negotiation proceedings concerning the limitation of Nice classes 25 and 35 for the Romanian trademark applications "Next Influencer" M 2017 05197 and "Next Influencers" M 2017 05202. We have advised our client in this matter and have drafted a limitation proposal for the two national trademark applications in order to settle the opposition filed by Next Retail Limited with the State Office for Inventions and Trademarks OSIM). Currently the oppositions are suspended as a result of some issues concerning European trademarks invoked by Next Retail Limited as earlier rights in the opposition proceedings against our client's trademark applications.

UPC Romania (IP)
IP & Life Sciences

Our company has provided assistance and support to UPC Romania's multichannel video programming distributor on issues related to complex copyright and neighboring rights in the implementation of new media technologies and related services, such as Video on Demand, Network Video Recording (nPVR).

Euroins Romania (IP)
IP & Life Sciences

We have represented EUROINS ROMANIA ASIGURARE-REASIGURARE SA before the State Office for Inventions and Trademarks (OSIM) in the opposition proceedings against the registration of the verbal Romanian trademark "REZOLVA-TI DAUNA EUROINS BEZ DURERI DE CAP!" No. M 2017 01063.

We have represented our client before the State Office for Inventions and Trademarks (OSIM) in the renewal proceedings for the national combined trademark "EUROINS MEMBER OF EUROHOLD" no. 094 474.

We assisted the client in drafting and sending a number of stating and desist letters regarding the infringement of our earlier trademark rights. The cease and desist letters were sent to a number of entities promoting complementary services to our client's insurance business, trying to benefit from our renowned trademark, to attract more clients. A letter regarding this issue was also sent to Google Analytics to inform them about the illegal use of our trademark.

We represent our client before the State Office for Inventions and Trademarks (OSIM) in the procedure for the registration of the national combined trademark "OLI Online Life Insurance".

On 27th of April 2018 the renewal of the trademark "EUROINS MEMBER OF EUROHOLD" no. 094474 was published in the Official Bulletin for Industrial Property - Trademark Section issued by OSIM. We are currently waiting for the renewal certificate.

Agentia de Vise (IP)
IP & Life Sciences

We have been assisting Agentia de Vise SRL (one of the best-known artists in Romania) in various IP matters, including copyright protection, drafting and negotiating complex agreements for various Romanian artists in the Romanian music, cinema and theater industry.

Rogalski Damaschin Public Relations (IP)
IP & Life Sciences

We are assisting Rogalski Damaschin Public Relations (one of the prominent PR companies in Romania) in various IP and commercial issues, including copyright violations, specific advice in the advertising field and all media sectors, trademark registrations and trademark assignments.

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