Category: Estonia

TGS Baltic has announced that the firm is advising Fujitsu Estonia on a daily basis on different IT-related contractual, intellectual property and data protection matters.

Fujitsu Estonia is a member of the Fujitsu IT group, which TGS Baltic describes as “the leading Japanese information and communication technology company, offering a full range of technology products, solutions, and services in more than 100 countries around the world.”

The firm’s team for Fujitsu Estonia matters consists of Senior Associates Mari-Liis Orav and Kart Raud and Associates Mari Anne Valberg and Carel Kivimaa. According to the firm, “our recent work includes reviewing Microsoft Dynamics 365 Business Central license agreements and advising on complex data protection matters regarding the processing of employees’ personal data.”

Triniti has successfully persuaded the Tallinn Circuit Court of Appeal to uphold the judgment of the District Court in a dispute between Estonian individual Katrin Lust and prominent chiropractor and entertainer Allan Gary Oolo involving an episode of the Estonian TV show Kuuuurija.

Oolo had demanded that Lust issue a public retraction of statements made in the episode, as well as demanding compensation for damages. Oolo claimed that Lust had violated his copyright by using Oolo’s videos, and Oolo also demanded that Lust identify Allan Gary Oolo as a physician. Among other things, the “Kuuuurija” episode reported that Oolo had never actually studied to become a doctor, instead simply adopting the title “Dr.” without official certification.

Back in February, 2020, the District Court dismissed Oolo’s claims against Lust in their entirety.

The recent decision of the Tallinn Circuit Court of Appeal upholding that dismissal, Triniti reports, means that “the courts, in brief, found that the press can have the right to use works protected by copyright without the author’s consent and without paying royalties,” and also considered the question of “whether the press has the right to use personal data if the person has previously disclosed the data about themselves.” The firm reports that “the courts’ answer to this was affirmative. Again – the reporter always has to consider whether using personal data is necessary, whether the requirements arising from the code of ethics are being complied with, and that the subject is not caused excess harm.”

The court’s ruling has not yet entered into force.

Triniti’s team included Partner Karmen Turk and Associate Maarja Pild.

Sorainen has advised the Fortum Corporation on the acquisition by subsidiary Fortum Heat Estonia of the remaining 40% in the district heating and cooling group Fortum Tartu from Giga.

The transaction remains subject to the Estonian Competition Authority approval.

The transaction gives Fortum 100% ownership in Fortum Tartu. According to Sorainen, “with this step, Fortum is looking to increase the flexibility in potential future options for the Estonian district heating businesses.”

Sorainen’s team included Partner Toomas Prangli, Counsel Isabella Barbara Aavik, and Senior Associates Piibe Lehtsaar and Kaspar Endrikson.

Sorainen did not reply to our inquiry on the matter.

Acting on behalf of Erial Ehitus OU, TGS Baltic has successfully persuaded the Supreme Court of Estonia to overrule lower courts’ rulings that the company’s name could not be registered because the word “construction” (Ehitus, in Estonian) in its name was protected as a trademark.

According to TGS Baltic, “the case is significant in the development of business names and trademark law because by agreeing with our approach, the Supreme Court says that when registering a business name, it is not sufficient to technically check whether a similar trademark exists, instead it must be considered from the trademark law perspective.”

“According to valid law,” TGS Baltic reports, “a sign or a combination of signs which consists of letters, words, or numerals and is protected as a trademark in Estonia must not be used in a business name without the consent of the owner of the trademark, unless the undertaking is engaged in an area of activity in respect of which the trademark is not protected.” According to the firm, “in making the decision, the registry department and the lower courts erred against the fundamentals of trademark law because they did not consider that the earlier mark is a figurative mark, containing, inter alia, the word element ‘construction’ and the fact that the word ‘construction’ is not protected in that class because it is devoid of any distinctive character.”

The TGS Baltic team consisted of Senior Associates Mari-Liis Orav and Dmitri Teplohh and Associate Mari Anne Valberg.

Cobalt has advised the Algeco Group on its acquisition of Wexus Group AS from Norvestor Equity AS. Norway’s Schjodt law firm reportedly advised the sellers.

Cobalt describes Algeco, which is headquartered in London and has operations in 23 countries, as “a business services company specializing in modular space, creating smart spaces for people to live, work, and learn.” According to Cobalt, Wexus, which was founded in Norway in 2014, “is a provider of high-quality modular building solutions in the Nordic region.”

Cobalt’s team included Partner Martin Simovart, Specialist Counsel Jesse Kivisaari, Associates Tiit-Gregor Mets and Johanna-Britt Haabu, and Assistant Lawyer Getter Villmann.

Sorainen has advised Livonia Partners on the sale of a majority stake in Thermory, a producer of thermally modified wood and sauna materials to Estonian capital-based UG Investeeringud, which as a result transforms from a minority to a majority shareholder.

Thermory was founded in 1997 and has an annual turnover of more than EUR 100 million. The company has production units in three countries, employs 700 people, and exports to over 50 countries.

“After rapid growth through mergers and acquisitions and expansion in export markets, Thermory plans to move forward and focus on the company’s organic growth,” says Thermory founder Meelis Kajandu. “The plan is to increase production capacities in Estonia and Finland, develop sawmills and international sales offices, and focus on reducing the carbon footprint. UG Investments is a long-term stable investor that can raise new capital if necessary.”

Sorainen’s team was led by Partner Toomas Prangli and included Associate Robin Teever and Of Counsel Isabella Barbara Aavik.

Sorainen did not reply to our inquiry on the matter.

Fort’s Estonia office has advised AS LHV Pank, a subsidiary of AS LHV Group, on its acquisition of Danske Bank’s business unit operating the Estonian corporate and public sector credits, which at the end of April amounted to approximately EUR 312 million.

With the transaction, LHV Pank will take over from Danske Bank the servicing of about 670 business clients and 85 public sector customers.

Fort’s team consisted of Estonia Managing Partner Kuldar-Jaan Torokoff, Partners Minni Triin-Park, Kirsti Pent, and Rene Frolov, Associate Olger Kaelep, Attorneys Riin Rehepapp and Karl Kahm, and Lawyer Gerda Raag.

Fort did not reply to our inquiry on the matter.

Editor’s Note: On October 6, 2020, Fort announced that, on October 3, 2020, “AS LHV Pank and Danske Bank A/S closed the transaction, under which LHV Pank acquired Danske Bank’s credit portfolio involved with Estonian corporate and public sector credits.” According to the firm, “the final volume of the transaction amounted to 273 million euros.”

Sorainen has advised the Estonian technology company Milrem Robotics on raising EUR 5.5 million from a number of prominent Estonian investors.

“Juri Kao, Peeter Mand, Heldur Meerits, Taavi Veskimagi, Gunnar Kraft, Toomas Bergmann, Urmas Past, and Juhan Kolk, as well as Ahti and Alari Aho, in addition to several key employees invested in the company,” Sorainen reports. “The majority shareholder of the company is Sinrob, which belongs to CEO Kuldar Vaars.”

Sorainen’s team included Partner Piret Jesse and Associate Robin Teever.

Sorainen did not reply to our inquiry on the matter.

Sorainen Estonia has advised Communications & Power Industries on the acquisition of SATCOM Technologies, the antenna systems business of General Dynamics.

Communications & Power Industries is a manufacturer of electronic components and subsystems that is focused primarily on communications and defense markets.

Sorainen reports that that the newly acquired business, which will be called CPI Satcom & Antenna Technologies going forward, will be owned and operated as a subsidiary of CPI. According to the firm, it “will work closely with CPI’s existing antenna systems businesses, CPI Malibu Division and Orbital Systems, to offer customers a broad and deep portfolio of satellite communications antenna systems and related products for use in defense, communications, and scientific applications.”

Sorainen’s team included Partner Piret Jesse, Senior Associate Piret Lappert, and Associate Robin Teever.

Sorainen did not reply to our inquiry on the matter.

TGS Baltic has advised Iron Mountain Inc. on the applicable time limits for the preservation of documents and active obligations regarding the submission of documents to public authorities.

According to TGS Baltic, “Iron Mountain Inc. is an American information management services company founded in 1951 and headquartered in Boston, Massachusetts. The company has 24,000 employees in over 50 countries world-wide. As of 2016, over 94% of Fortune 1000 companies use Iron Mountain’s services to store and manage their information.” According to the firm, the work performed by TGS Baltic “included review of the main legal acts regulating the activities of entrepreneurs and as a special project, laws in the pharmaceutical domain were analyzed.”

TGS Baltic’s team consisted of Partner Sander Karson and Senior Associates Ingeri Luik-Tamme and Vitali Sipilov.