26 February 2018

Judicial error concerning protection of non-protectable element of trademark was corrected.

26.02.2018 The Thirteenth Arbitration Court of Appeal annulled a decision of Arbitration Court of Saint-Petersburg and Leningrad region and dismissed a claim addressed to protect rights on trademark ‘SUSHI SHOP’ (case № А56-52302/2017).

The biggest sushi retail chain ‘SUSHI SHOP’ applied to the court with a suit directed on defense of trademark rights and annulment of domain used by its competitor in the South and North Caucasian Federal District.

The Arbitration Court of Saint-Petersburg and Leningrad region sustained the claim.

Нead of the practice of intellectual property attorney V. Dmitriev intervened in the court case after the decision of the court had been ruled.

Today the court of appeal reversed the decision of a lower court. The defendant with our aid proved that the words ‘SUSHI SHOP’ were not protected elements of the plaintiff’s trademark and were not applicable to services rendered by the defendant.

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