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Category: Trademark

Hennessy requested 5 mln Roubles compensation for trademark infringement

Company Societe Jas Hennessy et Compagnie has chosen to sue bootleggers for trademark infringement and sought 5 mln Roubles as compensation. The group of four persons from Russian town Voronezh has manufactured alcohol under famous brands. The court accepted the lawsuit and will consider it.

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The counterfeiting is a serious and widespread problem in Russia

Research by BrandMonitor, a company specializing in brand and trademark protection, indicated that two thirds of counterfeit sellers admit selling fakes. Moreover, 46% of those who admit selling fake goods assume they were not breaking the law. The fact that counterfeits can be a hazard for consumers’ health or safety is not a priority for merchandisers or even for consumers themselves. According to merchandisers, counterfeits is more attractive to consumers because of lower price.

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The sale of affiliated companies can trigger conflict linked to “common” brand

Two Russian insurance companies fight in court because their trade names are very similar. The trade name of one company is “RusStateInsure” (abbreviated RSI) and the trade name of second company is so far “RSI life”. RusStateInsure has file a lawsuit against RSI life for trademark infringement and despite the decision of RSI to change its tradename, the RusStateInsure does not intends to withdraw the lawsuit.

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“Perchville” is a distinctive term eligible for protection under the Lanham Act

Every winter for the last sixty years or so, Tawas, Michigan has become the home of the “Perchville” festival, replete with a polar bear swim and a fishing contest. The Tawas Area Chamber of Commerce organizes the annual February event and has registered the name Perchville as a trademark. A local company – the AuSable River Trading Post – wants to make Perchville-branded tee-shirts, and sued the Chamber to invalidate its mark.

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Three years term of trademark disuse lasts regardless of trademark ownership

The company Media-Saturn-Holdin GmbH has filed a suit against Russian entrepreneur. The entrepreneur was the owner of trademark MediaMarkt in Russia for class 35, but – according to claimant – did not use it; the claimant sought to cease the trademark protection due to its disuse. The claimant believed it is “party concerned”. Despite the trademark owner’s letter to postpone consideration of the case, the case has been considered by the court in the absence of defendant.

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The use of word “Origami” in its literal meaning is not a trademark infringement

One natural person has registered trademark in Russia. According to registration this natural person was stated as owner of exclusive rights in trademark in question in the form of paper crane. The trademark has been registered for the sushi. After the registration this person has concluded asset management agreement with ltd company and three individual enterprises, Individual enterprises were asset managers. The rights owner was the constitutor of asset management under the concluded agreement.

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Kitekat v MrCat – EU registered trademark is not protected in Russia

One company – Mars Incorporated – has registered the trademark for cat food in EU. The production of this company is sold and available in many markets, including Russian market. But this company is not only one trading cat food in Russia. There is also Russian company from Borisoglebsk town. This company also sells cat food in Russia. The ways of these companies in Russian market have crossed thanks to their trademarks.

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The Krusty Krab: can specific elements from within a television show – as opposed to the title of the show itself –receive trademark protection?

Viacom International, Inc. (Viacom) sued IJR Capital Investments, L.L.C. (IJR) for infringing on its common law trademark of The Krusty Krab – a fictional restaurant in the popular “SpongeBob SquarePants” animated television series – after IJR took steps to open seafood restaurants using the same name. The district court granted summary judgment to Viacom on its trademark infringement and unfair competition claims. IJR appealed, asserting that Viacom does not have a valid trademark for The Krusty Krab and that its seafood restaurants would not create a likelihood of confusion between the two marks.

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The Conan Barbarian and pizza

The CONAN character was created in 1929 by Robert Howard. But the character remained relatively dormant until the 1950’s, when L. Sprague deCamp, a contemporary author, rediscovered and began writing books featuring CONAN THE BARBARIAN. Many of deCamp’s works were illustrated by Frank Frazetta. In 1970, the Howard estate licensed Marvel Comics to publish a series of comic books featuring CONAN THE BARBARIAN.

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