KIAP team defended interests of an international hypermarket chain in a dispute over a series of trademarks infringement

KIAP team defended interests of an international hypermarket chain in a dispute over a series of trademarks infringement
Photo: from Vedomosti website

On February 7, 2017 the IPR Court cassation instance upheld first instance and appeal courts’ decisions over a series of German hypermarket chain Globus’ trademarks protection in case No. А60-11954/2016, wherein KIAP team successfully ceased an unauthorized use of “Globus” in a name of one of the biggest shopping and entertainment malls of Yekaterinburg in full, including the Web.

KIAP team effectively proved a confusing similarity of the infringing name and the Principal’s trademarks as well as a uniformity of related services, towards which the means of individualization said have been used.

Despite the fact that a Defendant turned out not to be owning the facility with the infringing name and in the course of the litigation its practical owner remained unrevealed, the courts founded that evidences presented by KIAP team establish a Defendant’s liability of the trademarks infringement and fastened a burden of proof to the contrary on him, although a Defendant is not an owner of the facility said.

The Principal was represented by Alexey Sizov, Attorney at Law and Maxim Burda, IP Associate. Ilya Ischuk, Attorney at Law managed the project at all stages.

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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. Headed by Partner Elena Buranova, 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. Elena Buranova is personally recommended by WTR 1000 and Best Lawyers international ratings and is named Trade Mark Star by IP Stars in 2020/21. In 2019 Elena was appointed a member of the INTA Commercialization of Brands Committee for the term of 2020-2021. Clients of the practice include major Russian and international retailers, TMT and IT corporations, oil & gas, manufacturing and pharmaceutical companies.

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