Top Gear Trademark Cancellation Overruled

Created on Monday, 18 November 2019 00:05

On 3 February the Intellectual Property Court has returned a cassation plea filed by a sole entrepreneur Azamat Ibatullin, against a decision of the same court (as the first instance) in case No SIP-398/2018. The plea was received by the Court in December 2019 and suspended due to missing documents, confirming payment of official fee and due disclosure of plea contents to other litigants.

The case in question started in September 2018 when the British Broadcasting Corporation (BBC) appealed against the ruling of RU PTO, which cancelled legal protection of “Top Gear” national trademark (registration No. 538851) after Ibatullin’s request based on similarity thereof with his own TopGear trademark registration. In January 2019 the IP Court dismissed the appeal, but the court’s cassation instance (Presidium) ruled for a re-consideration of the case by other panel in May.

A retrial ended in October 2019 with BBC victory. The IP Court decided the Claimant’s actions on trademark nullification to be in bad faith and aimed on causing undue damages to the Defendant. Therefore, his claims were dismissed under abuse of rights rules of the Civil code (Art. 10).