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

Headed by Elena Buranova, KIAP IP practice is recommended by the international ratings Legal 500 EMEA and Chambers Europe, as well as by Russian 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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