AGP’s client, Novaprodukt AG, became aware that a manufacturer was operating under a trade name including the client’s earlier trademark Bionova for similar goods. The two companies were confused with each other. Contracting parties and consumers wrongly assumed that the regional enterprise was connected with the Moscow-based company, the trademark owner.
In the regional court the AGP team proved all elements showing infringement of the client’s trademark rights by the enterprise which used the disputed trade name.
AGP lawyers succeeded in persuading the judge that the fact of the manufacturer’s using a quite different trademark on its product packages was not relevant because the dispute was between the trademark and the trade name and not between two trademarks.
AGP lawyers clearly explained the legal concepts and criteria relevant to the case, having dotted all the ‘i’s, so the opposing party had no effective arguments for its defense.
Veronika Popelenskaya, Senior Associate, and Elena Gorodisskaya, head of AGP’s Intellectual Property, represented the client.