HW: David Hanák 17050

   Karlovarské minerální vody (KMV) v. Karlovarská Korunní (KK)

   The facts of the case are as follows: Two Carlsbad producers of mineral
   water, KMV and Karlovarská Korunní (KK), have long been arguing whose
   products are more beneficial to human health. Years ago, KMV, which
   produces Mattoni and Magnesia mineral waters, asked the court to ban
   broadcasting commercial spots on Korunní water. This water is produced by
   Karlovarská Korunní (KK).

   In the first instance, the court decided in favor of the complainant.
   Therefore, the media could not broadcast commercials for Korunní water for
   the following seven months. However, the court eventually revoked its
   interlocutory injunction.

   Karlovarská Korunní then sued KMV for 440,000 CZK, calculating the loss
   due to the ban on commercials. The High Court in Prague ruled partly in
   favor of the plaintiff. It held that KMV must pay half of the amount, that
   is 220,000 CZK. The judges acknowledged the damage to Karlovarská Korunní,
   but they lowered the total amount because the company could continue to
   use the existing spots.

   However, both Karlovarská Korunní and KMV appealed the verdict. The
   Supreme Court affirmed the decision of the High Court. It argued that the
   conclusion of the Court of Appeals about the 50 percent compensation
   (property damage) was grounded in real costs proven in the proceedings.