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.


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Intellectual Property

Headed by Elena Buranova, KIAP IP practice is recommended by the international ratings Legal 500 EMEA and Chambers Europe, as well as by Russian Pravo.ru-300 and "Kommersant" legal directories. In 2019 the practice was marked by the ranking ‘Managing IP - IP Stars' and was listed among the best law firms in Russia in Trade mark contentious work. Elena Buranova is personally recommended by Best Lawyers international rating. In 2019 Elena was appointed a member of INTA Commercialization of Brands Committee for the term of 2020-2021. The clients of the practice are major Russian and international retailers, TMT and IT corporations, oil & gas, production and pharmaceutical companies. The Practice represents its clients in the Patents Disputes Chamber, Arbitration tribunals, and General Jurisdiction Courts, provides consultations in all intellectual property issues and assists in registration of intellectual property rights.  


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