Dispute for the right to the trademark
the Moscow arbitration court has satisfied Joint-Stock Company claim “ the Arabesque “ to Joint-Stock Company “ Business visit “. Judges have nullified the contract between the parties, according to which respondent the exclusive right to using a trade mark " was transferred; Business visit “. But this of a verdict it has appeared insufficiently to stop the conflict between the parties. The respondent who is going to appeal against against the judgement in supervising instance, and the claimant continue to let out two different advertising weekly journals with the identical name.
As the director " has told to the correspondent; Arabesques “ Alexey Vetrov, in April, 1992 ten graduates of the Kiev military radio engineering school have created Joint-Stock Company “ the Arabesque “. Further as a part of founders besides Vetrova remained Andrey Ozolin, Igor Zhminko and Evgenie Tulupov which in November, 1992 have started the edition of an advertising weekly journal “ Business visit “. Has headed firm Ozolin, and on a post of the chief accountant his wife Irina has been accepted. First signs of the approaching conflict were showed in November: according to Alexey Vetrova, Irina Ozolin, having compared the salary to the average salary of the chief accountant, remained it is dissatisfied. She has demanded increase in payments, however Winds, Zhminko and Sheepskin coats have opposed it.
taken wife Ozolin began to state doubts in expediency of the further work as the general command. In this connection in February, 1994 the meeting of founders of Joint-Stock Company has decided that Andrey and Irina Ozolin, having kept the posts, leave structure of founders “ Arabesques “ also will create advertising - news agency (RIA) “ Business visit “ To which 38 % of material actives " will be transferred; Arabesques “ and all non-material actives of already issued weekly journal “ Business visit “.
Leaving structure of founders and having created RIA “ Business visit “ Ozolin began to explain to clients that its agency possesses the right of priority to advertising reception in the weekly journal with the same name. The wife of Ozolinja, without having notified partners, has discounted “ Arabesques “ 1,8 million rbl. which have gone on RIA advertising in the newspaper “ ekstra - M “. For such behaviour founders “ Arabesques “ on March, 27th have discharged spouses of posts, and Vetrova (director) and Zhminko (chief accountant) have appointed to their place.
This decision only has provoked Ozolinja who has declared to a management “ Arabesques “: “ you will not be engaged in Advertising, you at me cigarettes will go to trade “ Also has started to publish own weekly journal “ Business visit “ outwardly very similar on published “ Arabesky “. Soon Winds with partners has submitted to the All-Russia institute of patent expert examination the demand for registration of a new logo of the weekly journal. By it it has been refused on the ground that exclusive rights to a trade mark “ Business visit “ already belong to firm Ozolinja. But some days ago the Moscow arbitration court has nullified this document. The court has established that at the moment of the conclusion of the contract from March, 25th, 1994, on which “ the Arabesque “ conceded an exclusive right of using a trade mark “ Business visit “ to firm Ozolinja, she yet was not its owner.
it is obvious however, as after acceptance of this decision the conflict between the former adherents will proceed. It understand and both parties prepare for it. Alexey Vetrov has declared to the correspondent that the press duplicate “ Arabesques “ till now is at Ozolinja and it can put “ the Arabesque “ material and mental cruelty. And even if Nagatinsky court of Moscow, where in May, 1994 “ the Arabesque “ has addressed with the corresponding claim, will oblige him to return the press to the lawful owner, realisation of this decision in life will be “ it is almost unreal “.
do not intend to go on world and Andrey Ozolin who has declared that idea of creation of a weekly journal “ Business visit “ belongs to it and to refuse the child it does not gather. As he said, history with ostensibly arbitrary removal of money from the account “ Arabesques “ has occurred because itself Winds at the last minute has cleaned from a breadboard model of the general advertising phones of the firm, having left there only co-ordinates “ Business visit “. Ozolin asserts also that the conflict between “ Arabesky “ and “ Business visit “ is a human conflict of Ozolinja and Vetrova. “ When we studied, I was the commander of group, and it (Winds-) my assistant on a Komsomol line. “ business visit “ has been conceived how it under my offer has left army and became its founder. All time the second " is difficult to be; - Ozolin has told. In general, in its opinion to resolve dispute, it is necessary to cease to have legal proceedings, be engaged in work and to look, which of two “ Business visits “ it will appear more competitive. “ however, I am ready and to have legal proceedings “ - has concluded Ozolin.
ANDREY - SMALL