The most recent court practice concerning trade name protection
reconfirms the need to ensure due arranging for protection of such
intellectual property and its proper use for commercial activity;
otherwise the protection of such intellectual property will get
notably complicated.
Specifically, the commercial court prohibited "WINE HOUSE
GROUP" LLC (Respondent) from using "WINE
HOUSE" sign (Sign) that constitutes the
English part of the trademark (above left)
(Trademark) owned by two individuals and
registered already after incorporation of the Respondent under the
name "WINE HOUSE GROUP".
The court found that "KAMIANKA GLOBAL WINE" LLC
(Plaintiff) is the licensee of the Trademark that
is also authorized to protect intellectual property rights in the
Trademark. The Plaintiff argued that the use of English part of the
Trademark without a consent of the Trademark owners, in particular,
by placing it at shop-windows, shelves, store signs, business
cards,
