The Presidium of the Court for intellectual property rights (DIF) on the first day of the week was sent for a new trial in his 1st instance the claim of the Ukrainian organization " Slobozhanshchyna the soap-boiler ", demanding to deprive of legal protection in the Russian Federation owned by German automotive organization Porsche brands Porsche, Porsche Cayenne and Porsche Stuttgart, the information on the Internet office of the Court.
Enterprise in Kharkiv region filed a lawsuit in m & as after Rospatent refused to register his application to trademark "Poche" and Posche, under which the plaintiff produces soap. Patent the Ministry considered them similar to degree of mixture with brands Porsche AG.
Slobozhanshchyna the soap-boiler " showed in the lawsuit that legal security signs must be dismissed, as the German automaker for three years or more not used them for such items as soap, perfumes, cosmetics and hair lotions.
However, the defendant showed up in court confirm the use of the disputed items under license agreements. So, perfume and cosmetic products under the brand Porsche Design from France in the Russian Federation has set Firm Clarins Fragrances Group.
The first instance of a SIP, rejecting in February, the lawsuit Ukrainian soapmakers, came to the conclusion about presence in actions of the claimant signs of unfair competition when promoting on the territory of the Russian Federation of the goods with the verbal symbols "Poche" and Poshe, similar to the point of confusion with the disputed trademarks.
The decision came into force on the day of the announcement, but then was appealed by the plaintiff in the court of cassation m & as. The Bureau of m & as on the first day of the week overturned the Decision and sent the dispute to the change.