The FAS will consider the dispute between the licensor of the same brand name and online sellers
Photo: RIA NOVOSTI/Evgeny Odinokov
The Federal Antimonopoly service (FAS) will consider the conflict around the brand to Black Friday (Black Friday), which is used in the days of online sales. Service initiated a case on violation of antitrust laws, which featured the Association of companies the Internet-trade (AKIT) and the owner of the trademark is the company “black fraydey”. The chance of losing rights to your intellectual property is quite high, according to lawyers.
At the end of last year, December 29, 2016, the FAS initiated a case on violation of Antimonopoly legislation on the application of the largest Internet dealers that are members of the AKITA. Online merchants are sure that the phrase Black Friday (Black Friday) may not belong as a trademark and the sole owner. In Russia the legal owner of the brand is the company “black fraydey” which was recorded by his rights to the mark in Rospatent in 2016. According to the documents of the FAS (at the disposal of “Izvestia”), the case is scheduled for February 2nd.
The parties to the conflict conduct of the November sales on different Internet sites, however, in behalf of sites the phrase black friday. Shares themselves have different names: AKITA — “Real black Friday” “black Friday” — Black Friday.
Bid for 35 classes of the international classification of goods and services enjoyed “black Friday” in November 2013, Rospatent has registered at the end of January 2016. In October, the trademark holder filed a claim to the owner alternative online site, where the technical operator is the company “Expert town”, founded by the President of AKITA Alexei Fedorov.
As explained by the “Izvestia” representatives of AKIT, in October, the Association has not carried out any of the “Real black Friday” and just preparing for it and bought the domain and started its promotion. “Black Friday” by this time, has held three sales under that name, said the company, refusing to comment further. Claims colleagues “black Friday” demanded an end to the use of the brand and to pay compensation in the amount of 500 thousand rubles. Later the right holder appealed to the court: in the lawsuit, in addition to the requirement to stop using the trademark, and specify the new size of compensation for damage — 1,5 million roubles. The matter is scheduled for consideration on January 13.
From the documents of the FAS, it follows that AKITA believes a combination of “black Friday” “the common name of the day following the thanksgiving Day (the fourth Thursday of November), which since 1932, is used to denote the day of the beginning of the season of Christmas sales”. The same name for the traditional November stock used in Canada, UK, France, India, Mexico and other countries. Thus nowhere is the name “Black Friday” is not assigned to any one entity.
“Black Friday” in Russia conducted in 2008, it is told in documents FAS — in our country, they were organized by companies such as Sony, Amazon, Ebay, etc. the head of the National Association of remote trade Alexander Ivanov stressed that this format of the sales is very understandable to consumers in Russia.
— But sales during the holidays — for example, on February 23 and March 8 — not yet very popular. Buyers to them are still not used, he said, stressing that Russia, in contrast, have become popular stock sell-off in commodities in January, “Cyberpolice”.
Simultaneously, all of such shares remains an urgent problem of the manipulation of discounts, when retailers raise the cost before sales, and then expose a substantial discount, reminded Alexander Ivanov.
According to AKIT, while November stocks of large retailers increased sales compared to normal days by 50-100%, while for medium and small shops, this figure reached 400-600%.
— In favor of the strength of the position of the applicant — AKIT — evidence of recent jurisprudence, as well as the position which was previously occupied by FAS and Rospatent on similar cases. Suffice it to recall the unsuccessful attempts of the Bank “Russian standard” to retain the trademark “Gift card” in 2014-2015, — told “Izvestia” lawyer Victor Naumov.
The lawyer added that the phrase “black Friday” is not distinctive, i.e., the ability to specify the particular manufacturer of the goods or services person, which is a mandatory criterion of the trademark.
— We can assume that the chances of success of representatives of the AKITA is greater than their opponents, — concluded the expert.
In his opinion, the mere fact of registration of the phrase as a trademark cannot be considered as absolute proof of a lack of common character.