TTO AMIK OOO

Core of the Case

Unscrupulous persons tried to challenge the rights to the well-known trademark of the humorous show KVN, referring to the fact that they have priority rights to literary works with a similar name that date back 60s. The right holder applied for judicial protection of a well-known trademark. Full project management in the Intellectual Property Court. Interaction with scientists to solve complex theoretical issues in the field of intellectual property. A study of public opinion was carried out jointly with the All-Russian Public Opinion Research Center (WCIOM) and sociologists. The firm’s lawyer V. Velichko spoke at an international conference with a report on well-known trademarks. The CRP made inquiries to scientists to resolve the issue of the possibility of challenging a well-known trademark on general grounds. Our lawyers have prepared a comparative legal study.

 

Scope of Services

Legal support in litigation to challenge trademarks (not well-known) * KVN.

 

Achievements, Results, Importance, Significance of the Project

The firm’s lawyers managed to ensure that all KVN trademarks retained their legal protection. The decision stood up to the Supreme Court of the Russian Federation. Termination of legal protection for the trademark of KVN international union would endanger the existence of the famous Russian humor show. The Intellectual Property Court upheld the legality of the trademark registration. The decision to dismiss the claim was based on the arguments of the firm’s lawyers about the existence of an associative connection between the KVN mark and the client’s company, as well as the evidence collected by the lawyers in the case. The association criterion has been used by the SRP Presidium in other similar cases. The case was included in the Code of Practice of the Intellectual Property Rights Court on issues related to the application of paragraphs 2, 4, 5, 8 and 9 of Article 1483 of the Civil Code of the Russian Federation, approved by the decision of the Presidium.

 

 

Case File

SIP-387/2018

SIP-311/2019

SIP-310/2019

Ссылки на СМИ

P.A. Shefas Commonly-known trademarks in Russian law: overcoming the principles of specialization and territoriality. Journal of the Intellectual Property Rights Court”, No. 27, March 2020, pp. 102-112
P.A. Shefas Unknown owner of a famous brand. On the need for a liberal approach to trademarks. Journal of the Intellectual Property Rights Court”, No. 28, June 2020, pp. 117-133.
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