Korelsky, Ischuk, Astafiev & Partners has successfully represented Chinese manufacturer Shanghai Jilong Economy Development before Russia's Intellectual Property Court in a trademark dispute with a Russian entrepreneur over the ZRAY brand.
Operating under the ZRAY brand, Shanghai Jilong Economy Development is a manufacturer of leisure products, including surfboards.
According to KIAP, "the client began to supply goods to Russia under the ZRAY brand but was unable to apply for a trademark. A Russian entrepreneur took advantage by registering their own, almost identical trademark, 'Z-RAY'. This was followed by claims of infringement of the trademark against companies that in good faith sold the [client's] goods in Russia."
"The Intellectual Property Court confirmed that such actions were an abuse of the right. The Court held that, by registering a trademark, the entrepreneur sought to oust other sellers of ZRAY surfboards from the Russian market, as well as to obtain unreasonable benefits," the firm announced. "The court ordered the Federal Service for Intellectual Property to annul the legal protection of the entrepreneur's trademark."
"Unfortunately, the practice of so-called 'squatting', i.e. the seizure of famous foreign brands by Russian entrepreneurs through registering them as a trademark, is widespread," KIAP Partner Elena Buranova commented. "Squatters are trying to profit from the fact that not all foreign companies register their trademarks before starting deliveries of goods to Russia. This decision shows that there are effective measures against such actions."
The KIAP team included Buranova and Lawyer Maxim Tabolo.
