Patent dispute over use of company name
The decision of the Court on intellectual rights from August 1, 2019 N C01 598/2019 in the case of N A60-45094/2018 the Court cancelled the previously made in the case of court decisions and dismissed the request for termination of use of corporate names, since, as the claimant's trademark has a later priority date than the date of the defendant's right to a firm name, use of the disputed designation in the firm name in the conduct of its business activities may not be considered a violation of the exclusive rights of plaintiff in this trademark
The court on intellectual rights has considered in judicial session the appeal complaint of limited liability company "Project company" MG (formerly the limited liability company "Project company "DOMINANTA) (Malysheva street 44, apt 303, Sverdlovsk region, Ekaterinburg, 620014, bin 1169658016593) the decision of the Arbitration court of Sverdlovsk region from 14.11.2018 in the case of N A60-45094/2018 (judge Seliverstova E. V.) and the resolution of the Seventeenth arbitration appeal court from 26.03.2019 (judge Druzhinina L. V., Baldin, R. A., Grigorieva N. N.) in the same case,
according to the claim of limited liability company " design and construction company "DOMINANT" (str. Shchors, 7, bldg. And, Sverdlovsk region, Ekaterinburg, 620142, bin 1106672001622) to the limited liability company "Project company "DOMINANTA" to stop using the brand name.
The intellectual property court found:
the limited liability company "Design-building company "DOMINANTA" (hereinafter - LLC "PSK "DOMINANT" society "PSK "DOMINANT") has addressed in Arbitration court of Sverdlovsk area with the claim specified as article 49 of the Arbitration procedural code of the Russian Federation, to the limited liability company "Project company "DOMINANTA" (hereinafter - JSC "PC "DOMINANT" society "PK "DOMINANT") containing the following requirements:
to oblige the JSC "PC "DOMINANT" to stop using the corporate name LLC "PC "DOMINANT" is similar to the point of confusion with the brand name of PSK, OOO DOMINANTA" and his trademark, by exclusion from activities, according to the extract from the unified state register of legal entities, similar activities of PSK, OOO DOMINANTA", namely: 71.11 Activities in the field of architecture, including subgroups and types of GICS; 71.12.1 Activities related to engineering and technical design, construction project management, construction control and supervision;
prohibit to limited liability company "project company" DOMINANT "to use the trade name similar to the trade name of the claimant and its trademark to the extent of confusion and identity regarding the word "DOMINANT" on seals, stamps, forms, invoices and other documentation, and also in announcements, advertizing and in the Internet";
recover from LLC PK DOMINANT in favor of LLC PSK DOMINANT in case of default of LLC PK DOMINANT of a judgment on this dispute the penalty of 10 000 RUB for each day of default of the judicial act, since the date of entry of the decision into force till the day of its actual execution.
Together with claim requirements the claimant as article 110 of the Arbitration procedural code of the Russian Federation it is declared about collecting from the Respondent of 40 000 RUB of court costs for payment of services of the representative in business and 6 000 RUB of expenses on payment of the state fee.