Victory: Desire’s Intellectual Property Contract was Found Invalid by Hungarian Court
Earlier we reported on the first instance decision of the competent Hungarian Court in a lawsuit initiated by Desiré Dubounet (Alias Charles W. Nelson) against Mandelay Kft. The claims were rejected, and the QXIPLC agreement was found entirely invalid, i.e., the contract was null and void from the beginning. This decision was based on the contract’s contradictory nature, unclear definitions, and the lack of substantiation for the claimed intellectual property rights. The decision detailed these grounds. While the language of the proceeding was Hungarian, it was established that the confusing language and statements were not due to a poor translation but were also present in the original English version.
During the proceeding, the defendant claimed that no one on their side had signed the agreement, but the judge dismissed this request as it was raised late, and the outcome was not necessary for the decision, given the existing deficiencies in the contract.
This information is significant because, in several pending lawsuits and legal processes (mostly before the EUIPO), this QXIPLC agreement was cited as a relevant document proving the rights. Furthermore, the same contradictions and obscure nature can be observed in the agreement concluded between the same parties five years earlier (QX Universe Agreement to Cooperate), but its validity was not subject to the reported lawsuit.
The first instance court judgment can be viewed here: [Link]. The second instance judgment can be accessed here: [Link].
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Budapest, July 2024
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