KIAP, Attorneys at Law, have successfully defended the rights to “Lidski Kvas” trademarks

15.11.2019
KIAP, Attorneys at Law, have successfully defended the rights to “Lidski Kvas” trademarks
Photo: © www.lidskae.by

OJSC “Lidskoe Pivo” (ААТ «Лідскае Піва»), the Belarusian manufacturer of Lidski kvass (a traditional rye-bread drink), had become aware of a locally manufactured kvass distributed in the Russian market under the same brand name “Lidksi”. Furthermore, the infringing product label designs were similar to the Client’s product labels that are protected in Russia as registered trademarks. It is noteworthy that the word elements of the Client’s trademarks, including the brand name “Lidksi” itself, have been disclaimed and thus do not enjoy legal protection.

The Moscow City Arbitrazh (state commercial) Court had not established the trademark rights infringement and fully dismissed the case. However, KIAP lawyers have successfully appealed this decision to the higher court and managed to prove a confusing similarity between the designations used by the defendants and the Client’s trademarks. The appellate court made it clear that the comparison of the label designs has to be based on their overall impression by consumers and with due regard to all other factors which may affect similarity.

KIAP team representing the Client in this case consists of Elena Buranova, the Head of IP Practice, as well as IP Associates Viacheslav Shmelev and Maxim Tabolo. Tatyana Ignatovskaya, Partner at Stepanovsky, Papakul and Partners, has been coordinating the project at Belarusian end.



Intellectual Property

KIAP's IP practice represents its clients in Russia's Chamber for Patent Disputes, commercial courts, and courts of general jurisdiction, as well as providing consultation on all intellectual property matters and helping with registration of intellectual property rights in Russia. The practice is recommended by the Legal 500 EMEA and ‘Managing IP - IP Stars (2020)' international ratings, as well as by the Russian ratings, Pravo-300 and "Kommersant". In 2020 the firm's IP practice was recommended for the first time by the World Trademark Review 1000 (WTR 1000) international ranking, with a special reference to Prosecution and Strategy. Clients of the practice include major Russian and international retailers, TMT and IT corporations, oil & gas, manufacturing and pharmaceutical companies.


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