30 JUN 2017

The court confirmed the infringement of the rights of the Heineken’s trademark in Russia

27 June 2017, the Court for intellectual rights as the court of cassation confirmed the infringement of the rights of LLC "United Breweries Heineken" on trademark "Hunting" from JSC "Private brewery "Afanasy" and LLC "Nikitin". The court found that the designation "Our Hunting" ("Наша охота" in Russian) and "Hunting" ("Охота") are similar to the point of confusion, which is the basis for recovery from both defendants compensation for the violation.

At the same time, the court found inapplicable, because of the impossibility of enforcement, the claim of the LLC "United Breweries Heineken" to prohibit further using of the designation "Our Hunting" in the segment of alcoholic beverages.

However, despite the absence of a prohibition directly in the court act, issue any alcoholic beverages containing marking "Hunting" is prohibited under the applicable law and will be grounds for suing the infringer.

According to LLC "United Breweries Heineken" the recognition of the fact of infringement of the trademark "Hunting" and confirmation the similarity of marks "Our Hunting" and "Hunting" will allow the antitrust authority to reopen proceedings on grounds of unfair competition with use of means of individualization from the brewery "Afanasy" and LLC "Nikitin" and bring violators to administrative responsibility.