May 6, 2016 at 16:20The consequences of using TK in the name of the mobile application
In the summer of 2015, the developer of the official Dukan Diet mobile application, Altanka SRO revealed that the App Store has an application with the similar name Dukan Diet Pro.
Based on the results of the consideration of the claim, the company Design Logo Logotiv CJSC refused to recognize the fact of counterfeit software distribution and continued to use the designation “Dukan Diet” as the name of the application. In particular, the opponent referred to the fact that the client’s trademark was registered in Russia in the form of the word designation “Dukan” and “Dukan”. While the offender used the term “Ducan” in his applications.
In December 2015, IP practice lawyer AO Balyberdin prepared and filed a lawsuit in the Arbitration Court of St. Petersburg and the Leningrad Region (case No. A56-96366 / 2015). As part of the application, we asked to prohibit the illegal use of trademark No. 533334 “DUKAN”, No. 493671 “DUKAN” and signs similar to it to the point of confusion in mobile applications and to seek compensation in the amount of 200,000 rubles. A complaint was also filed with the FAS regarding unfair competition related to the use of exclusive rights to means of individualization of products. The liability for this offense is provided for in paragraph 2 of Article 14.33 of the Code of Administrative Offenses, which entails the imposition of an administrative fine on legal entities - from one hundredth to fifteen hundredths of the amount of the offender's proceeds from the sale of goods,
In order to convince the distributor of counterfeit software that there was a similarity to the degree of confusion of the DUKAN trademark and the conscientious designation of Ducan Diet Pro by the company’s lawyers, an expert opinion of the patent expert was provided. The fact that the application was implemented on the App Store website was recorded in the protocol of notarial inspection of web pages.
After these actions, the St. Petersburg company entered into negotiations with the aim of concluding a settlement agreement. As part of the negotiations, Design Studio Logomotive CJSC acknowledged the violation of Duvalec SARL's exclusive rights to the trademark and refused to continue using it in the mobile application. On May 6, 2016, a settlement was approved by the Arbitration Court.
Conclusion: illegal use of a registered trademark in the name of a mobile application is a violation of paragraph 3 of Article 1484 of the Civil Code of the Russian Federation.
Based on the results of the consideration of the claim, the company Design Logo Logotiv CJSC refused to recognize the fact of counterfeit software distribution and continued to use the designation “Dukan Diet” as the name of the application. In particular, the opponent referred to the fact that the client’s trademark was registered in Russia in the form of the word designation “Dukan” and “Dukan”. While the offender used the term “Ducan” in his applications.
Pierre Ducant is one of the most widely read writers in France and other countries of the world. He has written 19 books translated into 25 different languages and published in a total circulation of more than 11 million copies. However, the reputation of Dr. Pierre Ducane decided to use the company Design Studio Logomotive CJSC
In December 2015, IP practice lawyer AO Balyberdin prepared and filed a lawsuit in the Arbitration Court of St. Petersburg and the Leningrad Region (case No. A56-96366 / 2015). As part of the application, we asked to prohibit the illegal use of trademark No. 533334 “DUKAN”, No. 493671 “DUKAN” and signs similar to it to the point of confusion in mobile applications and to seek compensation in the amount of 200,000 rubles. A complaint was also filed with the FAS regarding unfair competition related to the use of exclusive rights to means of individualization of products. The liability for this offense is provided for in paragraph 2 of Article 14.33 of the Code of Administrative Offenses, which entails the imposition of an administrative fine on legal entities - from one hundredth to fifteen hundredths of the amount of the offender's proceeds from the sale of goods,
In order to convince the distributor of counterfeit software that there was a similarity to the degree of confusion of the DUKAN trademark and the conscientious designation of Ducan Diet Pro by the company’s lawyers, an expert opinion of the patent expert was provided. The fact that the application was implemented on the App Store website was recorded in the protocol of notarial inspection of web pages.
After these actions, the St. Petersburg company entered into negotiations with the aim of concluding a settlement agreement. As part of the negotiations, Design Studio Logomotive CJSC acknowledged the violation of Duvalec SARL's exclusive rights to the trademark and refused to continue using it in the mobile application. On May 6, 2016, a settlement was approved by the Arbitration Court.
Conclusion: illegal use of a registered trademark in the name of a mobile application is a violation of paragraph 3 of Article 1484 of the Civil Code of the Russian Federation.