Zuykov and Partners Defended REMIT Meat Processing Plant Against False Allegations of Illegal Use of Trademark
Ibatullin A.V., a plaintiff, was ready to conclude a settlement agreement under which REMIT Meat
Processing Plant would pay him compensation in the amount of one million rubles, which the defendant
refused. According to the court decision, REMIT was not found guilty.
BusinessInvestGroup Holding sent to "REMIT " a cease-and-desist letter to stop allegedly illegal use of the
trademarks "ДЕРЕВЕНСКАЯ” under certificate number 551003 and "ДЕРЕВЕНСКИЙ” under certificate
number 619444. The REMIT Meat Processing Plant did not agree that it performed actions of illegal use of
the trademarks and refused to fulfill the demands. Having received a refusal to satisfy cease-and-desist letter
demand, A.V. Ibatullin, the director of the BusinessInvestGroup Holding, decided to appeal to the
Arbitration Court of the Moscow Region.
In order to protect the right to a trademark, it is necessary to prove “the fact that the plaintiff owns the said
right and the fact of its infringement by the defendant through the use of a trademark or designation similar
to the point of confusion in respect of goods (services), for individualization of which the trademark is
registered, or similar goods (services), one of the ways provided for in clause 2 of Article 1484 of the Civil
Ibatullin A.V. based his claims on the printouts from the website remit.ru website, presented below:
In particular, he noted that REMIT Meat Processing Plant labels its food products with designations similar
to the trademarks to which the plaintiff has an exclusive right. As it turned out, first of all, Ibatullin A.V.
chose the wrong defendant for this case. The administrator of the domain is responsible for the content of
the website, because it is impossible to use the resources of the website without his control. The plaintiff did
not provide evidence that REMIT Meat Processing Plant owns of the site located at remit.ru. Thus, the
plaintiff failed to prove that it was the defendant who illegally used the trademarks.
Even if the materials of the case contained evidence of the placement of the disputed designations by the
REMIT Meat Processing Plant, the plaintiff would also need to prove the likelihood of confusion of the
disputed designations with the marks of the plaintiff. In this case, “The conclusion of confusingly similar
designations is made on the basis of perception not of individual elements, but of the overall impression that
this designation and the trademark as a whole make on the average consumer of the goods or services
The defendant, denying allegations, responded that “the compared designations are not confusingly similar
because they cannot be perceived by ordinary consumers as the plaintiff’s trademarks”. Moreover, refuting
BusinessInvestGroup Holding's arguments about the likelihood of confusion, the defendant noted that the
main place in the images of goods presented by the plaintiff are the designations “REMIT”, which are the
plaintiff’s trademarks. At the same time, products under the REMIT designation have been on the market for
a long time and are known to the consumer, so this designation has a high degree of distinctiveness in
relation to goods in Class 29 of the Nice Classification.
At the same time, the designations “Деревенская” and “Деревенский” occupy insignificant space in the
images of packages presented by the plaintiff and have a weak distinctiveness, which is confirmed by
numerous court practices, in connection with which there is no possibility of confusion of the disputed
designations and trademarks in the eyes of consumers.
Moreover, before the start of the trial, A.V. Ibatullin, being confident that his lawsuit will be granted,
offered the defendant Alternative dispute resolution, i.e., without litigating in court, on terms of
compensation of one million rubles. The administration of the REMIT Meat Processing Plant, unafraid of
threats from the right holder, refused to conclude the deal and eventually obtained a court decision in its
favor, being represented by the Zuykov and Partners lawyers.