Ilya Lokhanin, a Dispute Resolution Lawyer at Patentus, notes that such disputes are not rare and that “significant judicial practice has been developed” on them.
Case No. A23-2222/2024 concerns a number of trademarks of Rodnik & Co registered for class 33 of the International Classification of Goods and Services (alcoholic beverages, except for beer). This list includes, but is not limited to, such designations as Lesnaya Morosha, Shustov, Pervak and Shokolatie.
In order to satisfy the stated claims, the copyright holder will need to prove that the brand names of the defendant are identical or confusingly similar to its trademarks, that the goods of the plaintiff and the goods of the defendant are homogeneous, and that the defendant used the said brand names without the permission of the copyright holder.
Success in such cases depends on the plaintiff's ability to prove the listed circumstances, as well as on how actively the defendant builds his defense.
For more details see: https://www.vedomosti.ru/business/articles/2024/05/27/1039607-proizvoditel-vodki-lesnaya-morosha-i-p... (the full text of the article is available for subscribers).
