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Lawyers of PATENTUS managed to safeguard the interests of “Karkas Lab” company in the Court of Appeal in the case of illegal use of the logo and website design

Date: 21 January 2015

Karkas Lab

“Karkas Lab” is a developer of software for the automation of inventory control and retail trade. The company owns the copyright to the logo “Stylized letter “K” and the layout of website karkas-lab.ru. In 2014 it was found that the sites of competitors - êàðêàñ-ðîçíèöà.ðô, êàðêàñîïò.ðô, karkasonline.ru - illegally used both the logo and design of the website karkas-lab.ru. Moreover, one of the competitors, namely, the “Mobilnye sistemy” registered a trademark logo “Stylized letter “K” in the company name.

In October 2014 “Karkas Lab” applied to the Arbitration Court of Moscow (Case No. A40-33294/2014) with a claim against a companies “MOSTEH”, “Mobilnye systemy i technologhii” as well as against the infringing site administrator to prohibit them to reproduce the logo “Stylized letter ”K” and the artwork of the plaintiff’s site.

The lawyers of PATENTUS proved that the company “Karkas Lab” began to use the logo and artwork of the site before the defendants started doing this. “Mobilnye systemy i technologhii” registered the trademark “Stylized letter “K” in its name, but failed to provide any evidence they had an exclusive right to the disputed logo. Therefore, the court found the defendant's actions illegal and forbade them to use the logo or similar designations and the site artwork.

Disagreeing with the decision of the Arbitration Court of Moscow, the defendants filed an appeal against it. On January 16, 2015 the Ninth Arbitration Court of Appeal considered the appeal of Mr. Pariyskiy, “MOSTEH”, “Mobilnye systemy i technologhii” and upon hearing the arguments of the parties ruled to uphold the judgment in respect of Case No. A40-33294/14 and to dismiss the defendants’ appeal.

Comments:

According to Andrey Akimov, lawyer of the Litigation Department at PATENTUS: “Any registration of a trademark, which was carried out in violation of copyright, may be invalidated. Now based on the decision of the court “Karkas Lab” will submit an application to cancel the registration of the trademark “Stylized letter “K” in the name of “Mobilnye systemy i technologhii” with the Chamber of Patent Disputes and then register their trademark with Rospatent .




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