Elena Y. Gorodisskaya. Expert comments to the article «You are at fault that I paid lawyers»

05.03.2012
In response to a request from PRAVO.RU, a legal portal, Attorney-at-Law of the Firm and Trademark Attorney Elena Gorodisskaya gives her expert comments on the Award that was rendered by the Arbitration Court of the Russian Federation in case No. А40-106024/2011. Particularly, she expresses doubts over fairness of the said award: “A person may claim damages only in case his rights have been infringed. However aggregate analysis of trademark and antitrust laws shows that filing of an application for a trademark registration, even though targeted at gaining business advantages, does not in itself, infringe trademark-holder’s rights until the applied for mark has been registered as a trademark”. Attorney-at-Law Elena Gorodisskaya also points out that the actions performed by the claimant to protect its rights and that consisted, most likely, in filing of an «informal» opposition, were not provided for by laws. She further draws attention to the fact that, according to Rospatent Web site, the materials for which the claimant apparently had paid the amount subsequently recovered were submitted to Rospatent after the latter had arrived at a provisional decision to the effect that the applied for mark was not consistent with the requirements of the laws. Consequently, considers Attorney-at-Law Elena Gorodisskaya, “in such circumstances it’s claimant’s rather than respondent’s moves that fall within the acts qualified as infringing under Article 10 of the RF Civil Code”.