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Vol. 100 TMR 585Latvian Mortgage and Land Bank’sFigurative Trademark No. M 51 265The Bank asked the court to order Hipokredits to cease use ofthe confusingly similar designations and cancel the domain namehipokredits.lv on the basis of the Bank’s registered trademarks 742and its 1995 domain name registrations for hipo.lv, hiponet.lv, andhipolizings.lv. The court claim was also based on provisions of theCompetition Law. 743Having examined the Bank’s claims, the Riga Regional Court,as a court of the first instance, found in favor of the Bank.Hipokredits appealed the decision before the Supreme Court, as acourt of the second instance. 744The Supreme Court rejected the appeal, and the lower court’sdecision was upheld, ordering Hipokredits to do the following:• Cease the illegal use of the Bank’s trademarks underTrademark Nos. M 51 187, M 51 188, and M 51 265;• Cease use of the word element “hipo” in conductingcommercial activity and in its business name;• Cancel its domain name hipokredits.lv registration;• Pay to the Bank compensation of legal expenses in theamount of LVL 120.00;• Pay to the state court compensation of expenses in theamount of LVL 1.80; and• Execute the Court’s judgment in good faith within a ten-dayterm starting from the date when the decision entered intolegal force.742. Article 7(4.2) of the Latvian Trademark Law (Law on Trademarks and Indicationsof Geographical Origin, June 16, 1999) provides that the person in whose name thetrademark has been registered shall have exclusive rights to prohibit other persons fromusing in commercial activities any mark where, because of its identity to or similarity to thetrademark and the identity or similarity of the goods or services covered by the trademarkand the mark, there exists a likelihood of confusion by consumers, which includes thelikelihood of association between the mark and the trademark.743. Article 18 of the Competition Law (Jan. 1, 2002) provides that unfair competition isprohibited.744. Case No. C04293807; PAC-0302 (Supreme Court, Mar. 26, 2009).