Maxim Ali commented for Delovoy Peterburg the dispute around trademark “Khleborost”

Maxim Ali - Partner

Alexey Polikarpov, former business partner of “Zakvasok DOM” LLC, filed a lawsuit against the company. He claimed that company’s acquisition and exercise of the exclusive right on the trademark “Khleborost” was an act of unlawful competition. Partnership between counterparts began in 2014. However, operational conditions including intellectual property rights were not institutionalized. Later “Zakvasok DOM” LLC refused to cooperate with Polikarpov and registered trademark “Khleborost” on itself. After examining the complaint the Intellectual Property Court decided not to grant Alexey Polikarpov’s claims and rejected the suit.

Maxim Ali, Partner, Head of IP/IT Practice at Maxima Legal, told Delovoy Peterburg that “the law allows to dispute a trademark if registering it was considered unlawful competition or misuse of right. However since 2019 the explanations of the Supreme Court of the Russian Federation came into force. They forbid to apply a separate claim on considering copyright holder’s actions as a misuse of rights”.

To read the full article (in Russian) please visit Delovoy Peterburg website >>>