The Kurgan Bus Plant filed a lawsuit in the Intellectual Property Court against NBA Properties, which manages the brands of the National Basketball Association (NBA). The plant demands to deprive the Cleveland Cavaliers NBA club of the rights to use the brand, which prevents the company from registering its brand.
The appeal, filed on July 6, is in the arbitration case file. The court's ruling states that OJSC "KAVZ" wants to achieve early termination of the legal protection of the trademark "in relation to ICTU class 28 "games, toys" goods due to non-use."
According to TASS, the lawsuit refers to the Cleveland Cavaliers NBA club, namely its brand name CAVS, an abbreviation for Cavaliers. Previously, Rospatent refused to register the KAVZ trademark for the plant due to the consonance of words, the same number of syllables and the same combination of letters.
The company insists that the word "cavaliers" translates as horsemen, cavalrymen, and the team's logo shows a basketball hoop with a ball, so they have nothing to do with the CAVS bus plant.
Rospatent is sure that the images in this matter play a secondary role, and the court agrees with this. The dispute between KAVZ and Rospatent began in November 2018 and is still ongoing. In 2020, the NBA acted as third, but now the American League acts as defendant and Rospatent is listed as third.
The Intellectual Property Court decided to leave the plant claim without action until August 10, giving the plaintiff time to gather documents that could confirm its legal status and rights to the brand.
Author:
Ahmed Sadulayev
Source: RB
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