Abuse of Right and Unfair Competition Through the Use of the Exclusive Right to Means of Individualization: Actual Practice

AGP lawyers keep up the traditions and are for the third time sharing their expertise at the XXV Intellectual Property Forum 2024.

This year Veronika Popelenskaya, an AGP attorney-at-law (IP Practice), when speaking at the Forum, concentrated on a highly topical issue: abuse of right and unfair competition in trademark disputes. She told about the latest tendencies in courts, gave advice about litigation tactics in cases of such category, and moderated her session.

Veronika highlighted differences between two concepts: abuse of right and unfair competition, referred to types of cases falling under the first and the second concept, cited examples, and emphasized the importance of taking into consideration of all circumstances and materials of the case, detailed legal analysis of the situation at hand from the very start and elaboration of the forward-looking strategy, understanding what kind of petitions and with what authorities should be filed.

Furthermore, Veronika drew attention of the audience to the new tendency, which previously rarely manifested itself: recognition as the act of unfair competition of actions aimed not only at acquisition of rights and using of already registered trademark but at just filing of an application for trademark registration and actual use of a mark filed for registration.