«HAPPY» is Confusingly Similar to «HASBRO»
27 April 2022
A customs check by the Smolensk Customs revealed a consignment of presumably counterfeit toys (doctor’s kits). Sojuzpatent lawyers filed a petition on behalf of its client – the world-renowned toys producer Hasbro Inc. In its petition, Sojuzpatent claimed the infringement of Hasbro’s rights on the following grounds:
- design, color, decoration and packaging solutions used by the manufacturer are similar, but not authentic, with the corresponding design solutions for original goods;
- designations confusingly similar to the "Play-Doh" trademark are placed in such a way as to create confusion with the right holder’s goods;
- the appearance of the goods is not authentic;
- the product does not have the original Hasbro logo, while a stylized Happy logo placed on the product is confusingly similar to the Hasbro logo.
The customs opened an administrative case and filed a lawsuit in the Smolensk Region Arbitration Court. On considering the case, the court has accepted Sojuzpatent’s arguments and upheld the claims. The court ruled to confiscate the goods and fine the infringer.