Rospatent refused “M. Video” in the right to the brand “black Friday”

Rospatent refused “M. Video” in the right to the brand “black Friday”

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Photo: Evgeny Odinokov/RIA Novosti

Rospatent refused “M. Video”, which tried to challenge the registration of a trade mark for Black Friday “black fraydey”. Thus, the retailer tried to legalize their black Friday sale products online stores

The organizer of the first “black Friday” in Russia, OOO “black Friday” defended their right to the trademark Black Friday. The decision of 5 October took Rospatent, after the company “M. Video” tried to challenge the registration of the title, reported the commercial Director of “black Friday” Svetlana Horbunova.

In the database of Rospatent, the corresponding decision has not yet appeared. In “M. Video” have confirmed that know about it. The company will continue to defend its interests in a dispute with “black Friday,” said RBC representative of the retailer Valery Andreeva. According to her, the company will not change its plans to participate in “black Friday” organized by the Association of Internet Commerce (AKITA).

In 2013, OOO “black Friday” annually in Russia online sales in the format of “black Friday”. They are held at the end of November, the day after the American national holiday of thanksgiving. In total, according to the “black fraydey”, in 2015 the event was attended by 300 retailers. They presented about 150 thousand items and services, prices for which reached 90%. Sales volume during last year’s campaign exceeded 200 million rubles.

However, in 2016, AKITA, uniting 30 online retailers, decided to organize alternative sales. Its share of the Association called the “Real black Friday” and registered the website realblackfriday.ru. A number of members of AKITA, including “M. Video”, refused to participate in “black Friday” is “black Friday”.

In March 2016, “M. Video” has challenged in Court for intellectual property rights, registration of the trademark “Black Friday” for company “black Friday” on 35-th class of the International classification of goods and services (advertising, management, business). However, the court rejected the application by forwarding the case to the Rospatent.

Referring to the current decision, “black fraydey” has already sent an official notice to cease the violation of its rights in address 40 of the companies owning domains of clones, said Svetlana Horbunova. According to her, to sites-imitators are site aggregators that use domains, the phrase Black Friday as well as the original signature style of the official site of sales, OOO “black Friday” (Blackfridaysale.ru).

“Starting in 2014 on the market each year there are at least 20 sites-clones of our site. We believe it is unfair that some companies, instead of creating something of their own, openly steal other people’s ideas, brand identity and brand and believe that it will go unpunished,” says Harborow.

In AKITA, however, does not intend to cancel the event, scheduled for November 24-25. “The decision of Rospatent does not affect the “Real black Friday” organized by the AKITA — says the President of the Association of Alexei Fedorov. We remain at their position: we believe the phrase “black Friday” (Black Friday) common, as well as the word “sale” or “sale”. This phrase is widely used by Russian companies and Russian buyers and not associated with any particular company, and with holiday discounts, season sales”.

According to Fedorov, now AKITA intends after the “M. Video” apply to Rospatent. Previously, she was sent to the FAS statement with the request to stop violation of the legislation on protection of competition on the part of LLC “black Friday”, but the response is not received, said Fedorov.