RA ECONOMIC COURT TO DELIVER JUDGMENT ON THE CASE OF ‘VIMPELCOM’ OJSC AGAINST RA INTELLECTUAL PROPERTY AGENCY ON DECEMBER 7
2007-11-28 10:05:00
ArmInfo. RA Economic Court will deliver judgment on the case of
"VimpelCom" OJSC against RA Intellectual Property Agency on December
7, 2007, the presiding judge Yervand Khundkaryan said during the
case hearing.
The judge heard the explanations of the plaintiff and the defendant
during today’s hearing. He dismissed the petition of RA Intellectual
Property Agency to involve a third party in the face of the Armenian
"Bi Line" in the lawsuit. The trademark and trade name of the Armenian
"Bi Line" sound fully the same way as the brand of "VimpelCom" OJSC
"Beeline", which served a reason for the Intellectual Property Agency
Appeals Council’s decision to refuse the Russian company to register
its brand in Armenia. At the same time, the judge asked the defendant
if these trademarks sound the same way in English and if he could
prove it. The defendant didn’t answer this question of the judge.
In his objection to the decision of the Appeals Council of the Agency
to refuse the Russian company to register its brand in Armenia, the
advocate of "VimpelCom" OJSC Armen Ter-Tachatian brought several
arguments. He said that according to social inquiries, which were
ordered by "VimpelCom" and held in January and September 2007, it
turned out that 60-70% of Armenia’s population connects "Beeline"
brand with the Russian mobile phone operator and therefore, it cannot
mislead the consumers. In addition, the advocate added the Armenian
firm "Bi Line" hasn’t used its trademark during 5 years since its
registration in 1996, in connection with which in October 2007its
operation was terminated ahead of schedule by the decision of the
Appeals Council of the Intellectual Property Agency.
For his part, the representative of the Intellectual Property Agency
under RA Ministry of Trade and Economic Development Ara Abgaryan
continued to insist on that the registration of the trademark of the
Russian company in Armenia contradicts to the laws of the country and
the international conventions as it may mislead consumers and violate
the intellectual property rights of the Armenian "Bi Line" firm.
Then the judge stated that the case hearing is closed, as the parties
already presented all the necessary written evidence and they have
nothing else relevant to add. He moved away to the jury room to
deliver the judgment.
From: Emil Lazarian | Ararat NewsPress
