A drop in a logotype led to a lawsuit

Created on Friday, 30 September 2011 14:26

OAO Lukoil, the holder of ”ЛУКОЙЛ” trademark in classes from 1 to 42 filed a lawsuit to Novgorod Arbitrage court claiming OOO Luxoil Plus was using illegally a similar designation on its refueling stations. The trademark in question has a distinctive feature – a picture of drop of liquid in place of letter “O” – that was also used by the defendant. Later in year 2010 after the claimant’s C&D request the drop was replaced with “O”.

Despite this change, the court has stated that both trademarks are resembling graphically and phonetically and adjudicated a 1.2 million roubles compensation to Lukoil.

An appellation plea of OOO Luxoil Plus was recently accepted by 1st Arbitrage Court of Appeals.