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THE COURT UPHELD THE BAN ON REGISTERING STARBUCKS SIGNS BEFORE THE VERDICT ON PINSKY'S LAWSUIT
THE COURT UPHELD THE BAN ON REGISTERING STARBUCKS SIGNS BEFORE THE VERDICT ON PINSKY'S LAWSUIT
The Presidium of the Intellectual Property Rights Court (IPC) rejected the complaint of Starbucks Corporation (USA) against the ruling of the Intellectual Property Rights Court of the first instance. Recall that in April, the court took preliminary measures to ensure the claim of the Moscow restaurateur Anton Pinsky for the early termination of protection of 7 trademarks of the company.
Pinsky filed a lawsuit with the Intellectual Property Rights Court to terminate the legal protection of trademarks of the American Starbucks Corporation (case no. SIP-420/2024). Trademarks are disputed ¹ 254933, 323304, 325164, 349070, 413849, 458311, 511864 due to their non-use.
The dispute began due to Rospatent's refusal to register similar brands of the restaurateur Stars Pinskiy Coffee and Stars Kanokin Coffee. The agency pointed out that the brands are confusingly similar: Pinsky used a girl with a kokoshnik and a star on her head, the color in the drawing is brown.
Brands are a branded image of a mermaid with a star on a black and green background with the inscription Starbucks Coffee in English and Russian transcription. They are guarded by classes "coffee", "restaurants and cafes, takeaway cooking services", "franchising" and "advertising". Trademarks will cease to be valid in Russia only in 2024-2033.
The lawsuit went to court on April 12, and a preliminary hearing is scheduled for July 29.
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