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The Arbitrazh (Commercial) Court of the City of Moscow has heard a trade mark dispute between Prosveshcheniye Publishing House and another Russian publisher, Ventana-Graf. The court has satisfied all the claims by Prosveshcheniye Publishing House, the claimant, recovering RUB 3.7 bn in compensation for breach of trade mark rights.
Prosveshcheniye Publishing House was represented by Elena Trusova, Dispute Resolution and IP Partner at Bryan Cave Leighton Paisner (Russia) LLP, and Senior Associate Anton Nefedev.
The court ruled that about 600 types of Ventana-Graf print publication bearing a logo confusingly similar to the Client’s trade mark were infringing products and must be withdrawn from the market and destroyed at the expense of the infringer, i.e., Ventana-Graf.
Elena Trusova and Anton Nefedev believe this case to be indicative of the IP protection state of affairs as it demonstrates that the Russian legal system is prepared to protect intellectual assets of rightholders. The symbol used by Ventana-Graf is obviously similar to the Prosveshcheniye trade mark. This was confirmed, among other arguments, by an opinion survey conducted by VCIOM (All-Russia Public Opinion Research Centre) at the request of Prosveshcheniye, which demonstrated that 80% of consumers confuse the two marks. For quite a long time, the defendant had published products bearing a logo that, as it admitted before the court, was a modification of the claimant’s trade mark. This means the defendant was fully aware it might potentially be punished to the fullest extent of the law for the infringement.
Prosveshcheniye trade mark
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The Russian practice of Bryan Cave Leighton Paisner (before the merger – GBLP) was established in 2009 as a result of a merger between one of the biggest teams of Russian lawyers and the major UK law firm Berwin Leighton Paisner (BLP). The highly respected Moscow team of over 100 lawyers, qualified under Russian and English law, has over 20 years of experience in providing legal support for major Russian businesses, as well as multinationals implementing large-scale investment projects in Russia. Clients include over 1700 companies, among them major multinational investors operating in Russia (including 130 Forbes Global clients), Russian and international banks and financial institutions and Russian industry-leading companies. 5 times winner of Law Firm of the Year in Russia since 2009, including Chambers Europe Awards 2010, 2014 and 2015; The Legal Business Awards (Legal 500) 2010; The Lawyer European Awards 2014. #2 by revenue in the top-50 law firm ranking by revenue in Russia (according to the leading national ranking Pravo.Ru 2017). Top-ranked by The Legal500 and Chambers & Partners in core practice areas: corporate/M&A, real estate & construction, dispute resolution, competition/antitrust, tax/customs, IP. www.gblplaw.com