Stefano Ricci Wins Trademark Dispute

The Intellectual Property Court ruled in favor of Stefano Ricci S.p.A. (Italy) in a trademark non-use cancellation case.

Sojuzpatent’s client, a world-renowned producer of luxury goods Stefano Ricci, initiated a cancellation action in the Intellectual Property Court, Moscow, against the SR trademark (international registration № 625950) owned by Sergio Rossi S.p.A.

The court recognized Stefano Ricci as a person having legal interest in filing a lawsuit against the legal protection of the trademark under international registration No. 625950.  The declaration of interest is based on the evidence submitted by the claimant’s lawyers, confirming the following circumstances:

• the claimant complied with the pre-trial order of dispute resolution;
• the claimant confirmed that it produces, sells and intends to sell in the Russian Federation goods of class 18 and 25 of Nice Classification, which are similar to the goods indicated in the list of registration of the disputed trademark;
• the claimant's trademarks are confusingly similar to the challenged trademark;
• in the actions of the claimant there is no abuse of rights.

The Court also accepted the claimant's legal position in confirming the existence of an interest related to the possibility of dilution of the distinctiveness of the Plaintiff's trademarks.

In its decision, the Court found that the evidence submitted by the Respondent did not confirm the use of the disputed trademark during the period in question (21.05.2017-20.05.2020).

In view of the above, the Intellectual Rights Court decided to terminate the legal protection of the trademark under international registration No. 625950 in the Russian Federation due to its non-use in relation to all goods of classes 18 and 25 of the Nice Classification.