Dmitry Uryakin commented to Kommersant on an attempt by alcoholic beverage company Ladoga to challenge the trademark of a Spanish cider producer

Dmitry Uryakin - Senior Associate

In 2023, alcoholic beverage producer and importer Ladoga failed to register the Emerald brand due to the presence of a similar trademark with an earlier priority with Spanish company Envasados Eva. Ladoga applied to the Intellectual Rights Court for early termination of legal protection of the disputed brand, citing the fact that it is not used by Envasados Eva. The Spanish cider producer registered the Emerald trademark for wine, including sparkling wine, in 2016. The company’s website does not mention the product, but says the producer’s portfolio includes cider under The good cider and Eva cider brands. Envasados Eva also produces non-alcoholic carbonated drinks and fruit juices.

Without exclusion of even unused trademark from the Rosreestr, there is a high probability to receive from the right holder a claim for damages or compensation, as well as a demand to destroy the counterfeit goods, reminded Kommersant Dmitry Uryakin, Senior Associate, Head of the General Business practice at Maxima Legal.

The expert specified that to prove the actual use of the Envasados Eva brand it is enough to sell goods with a similar name in Russia. Now Ladoga formally cannot sell only those products that are homogeneous to wine, but sometimes courts extend the ban to other categories, such as beer, he emphasised.

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