Energy Beverages LLC, a beverage producing company, has lost the “Burn” case by Russian Chamber for Patent Disputes decision. The Ladyburn distillery has successfully asserted its trademark rights.

May 6, 2019

MOSCOW – “Ladyburn”, a contentious whisky combined trademark (application №2015735377 with date of priority October 30, 2015) was registered on February 13, 2017 in Russian Public Register of Trademarks and Service Marks with №605340 in the name of William Grant & Sons Irish Brands Ltd (Floor 4s, Block D, Iveagh Court, Harcourt Road Dublin 2, Dublin, Ireland) subject to the Nice Classification’s 33rd “alcoholic beverages, except beers” class.

The received complaint stated that the trademark’s legal protection under the certificate №605340 had been granted in breach of the requirements set out by the Russian Civil Code (art.1483, para.3, para.6), the Paris Convention for the Protection of Industrial Property (art.10-bis), the Russian Federal Law "On Protection of Competition” (art.14).

The complaint’s argumentation comes down to one idea: the trademark under the certificate №605340 is extremely similar to the trademarks owned by Energy Beverages LLC, according to the Russian Civil Code (art.1483, para.6). Specifically, to: “burn” under the certificate №243314 with date of priority February 15, 2002, registered subject to the Nice Classification’s 32nd class [1]; “burn – the energy of your night” under the certificate №342566 with date of priority November 21, 2006, registered subject to the Nice Classification’s 30th and 32nd classes” [2]; “burn” under the certificate №238576 with date of priority February 20, 2002, registered subject to the Nice Classification’s 32nd class [3]; and so on.

The collegium of the Chamber for Patent Disputes has eventually dismissed the complaint. It is still unclear what were Energy Beverages LLC hoping of.