The client of Claims is planning to create a website to support a sales event RealBlackFriday. However, an opponent has already registered a trademark “Black Friday” in Russia. As a result of the developed and implemented strategy our client’s project was successfully launched, while the trademark of opponent was cancelled.
Black Friday, LLC
Launches a website for advertising during Black Friday sales period.
Files a trademark application “Black Friday” with the Russian Intellectual Property Office.
Russian IP Office registers “Black Friday” trademark.
The Association of Internet-Trade Companies (AITC)
Launches a website for online-sales with the name “Real Black Friday”; website operator is Expert Town, LLC.
Expert Town, LLC places the website “Real Black Friday” on advertising platforms.
Black Friday, LLC requires the advertising platforms to block the advertising.
Advertising platforms block the advertising of Expert Town, LLC.
Black Friday, LLC files a lawsuit with a commercial court for the alleged “Black Friday” trademark infringement.
AITC files a claim with the Federal Antimonopoly Service (FAS) to repress Black Friday, LLC’s unfair competition.
AITC wins a case at FAS.
AITC sends FAS decision to the Russian IP Office to start the trademark annulment procedure.
Black Friday, LLC appeals the decision of FAS to the Intellectual Property Court (IPC).
Expert Town, LLC wins a case at the commercial court.
Black Friday, LLC disagrees with the commercial court’s decision and appeals it. Expert Town, LLC wins at the commercial court of appeal.
Black Friday, LLC disagrees with the decision of the commercial court of appeal and appeals it to the IPC.
IPC upholds FAS decision appealed by Black Friday, LLC.
Black Friday, LLC challenges this decision in IPC’s Presidium.
Expert Town, LLC wins the trademark infringement lawsuit in cassation at IPC.
Presidium of IPC also upholds the decision of FAS contested by Black Friday, LLC.
“Black Friday” trademark is cancelled, Black Friday online sales may now be conducted by any market players.