“Yandex” in court contesting the decision of Rospatent on the termination of legal protection of the trademark “Yandex.Posters”. It was made in April at the request of the Rambler Group, developing a brand “Billboard”. The chances of “Yandex” to win in the high court, but in the event of a defeat Rambler will be able to claim compensation, say lawyers and experts.”Yandex” 16 Jul sued for intellectual property rights a statement on invalidation of the normative legal act. In a press-service of company “b” made it clear that it is challenging the decision of the chamber on patent disputes of Rospatent on cancellation of registration of the trademark “Yandex.Poster”.17 APR Rospatent partially canceled the registration of the brand “Yandex.Poster” on the complaint of the Rambler Group and of the savings Bank Alexander Mamut, which includes the Internet-the edition “Events”. On “Yandex.The poster” sells tickets to concerts, theatres, cinema and other events. In 2019, the service has been at the center of the conflict, when his competitor “Teller.ru” complained about the use of “Yandex” of a dominant position because he sells tickets through the widget in search results, without giving the opportunity to third-party operators. Later, similar claims were made by competitors of “Yandex” in other areas, such as CYANOGEN, Amazon, OneTwoTrip, etc. In the end, “Yandex” has offered the market a new ad format in search results, reported by “Kommersant” on October 8.By itself, the cancellation of a trademark registration does not mean that it cannot use, said a senior partner of the law firm Intellect Maxim Labzin. The decision of Rospatent from April 17 until the corresponding entry in the registry is missing that allows Yandex to apply to the court for interim relief in the form of suspension of validity of the decision, adds a senior lawyer of legal firm Vegas Lex Cyril Nikitin.Rospatent in its decision really followed the literal meaning of the law, agrees Maxim Labzin. “In such a sense it is necessary to apply the law is a matter for the judicial practice, which has not yet been resolved,” he says.Cyril Nikitin also indicates that the Rospatent has established a similarity to the point of confusion of two trademarks “without conducting a comprehensive analysis of their similarities.” In particular, according to the lawyer, the service did not take into account the results of the survey of experts of the VTsIOM and the Institute of sociology, according to which the vast majority of consumers is not considered trademarks “Yandex.Bill” and “Bill” are similar and are inclined to think that the goods and services under these brands have different companies.According to the Deputy Chairman of the Committee of the Russian Union of Industrialists and entrepreneurs on intellectual property and the creative industries Anatoly Semyonov, from “Yandex” very real prospect will return�� trademark right. But if the decision of Rospatent are confirmed, the Rambler Group will be entitled to demand compensation for the violation of trademark rights “Poster” with “Yandex” for a period up to three years the Statute of limitations.Dmitry Shestoperov
