Mozilla selected the Firefox trademark from Russian cybersquatters
The Board of the Chamber of Patent Disputes of the Russian Federation published an opinion on the results of the consideration of the application by the Mozilla Foundation (PDF) on the early termination of the legal protection of a trademark on certificate No. 348999 in connection with its non-use.
This is a trademark of Firefox, which was received in 2006 by the famous Russian cybersquatter Robert Gledenov (“SalesNames” company) in order to confirm the rights to the domain firefox.ru, registered a year earlier. For the same purpose, the businessman allegedly conducts business, selling on the specified site some email program called Firefox Mail Service for the price of $ 1 per piece.
Obviously, all this “business” and trademark are needed only for one purpose - to keep the domain firefox.ru as a property, in order to sell it to Mozilla for a lot of money. But now on these plans you can put a cross. According to lawyers, now Mozilla can register the Firefox trademark itself, after which it receives the full right to claim the domain firefox.ru.
From the conclusion of the board of the Chamber of Patent Disputes of the Russian Federation:
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If the SalesNames company received a letter from the Chamber of Patent Disputes of the Russian Federation, it could try to prove the fact of using the trademark. But, as stated in the aforementioned conclusion of the collegium, “the burden of proving the use of a trademark rests with the right holder. By sending notifications to the right holder and his representative, the Chamber of Patent Disputes exhausted its possibilities of notifying the right holder of the application received. ”
Simply put, gentlemen cybersquatters need to carefully look through the mail, and now the train has left.
Robert Gledenov himself strongly disagrees with this decision of the board. He claims that he is doing normal business in accordance with Russian law, and they invented the name Firefox. “So it is possible to take away from any trademark,” Gledenov resents.
This is a trademark of Firefox, which was received in 2006 by the famous Russian cybersquatter Robert Gledenov (“SalesNames” company) in order to confirm the rights to the domain firefox.ru, registered a year earlier. For the same purpose, the businessman allegedly conducts business, selling on the specified site some email program called Firefox Mail Service for the price of $ 1 per piece.
Obviously, all this “business” and trademark are needed only for one purpose - to keep the domain firefox.ru as a property, in order to sell it to Mozilla for a lot of money. But now on these plans you can put a cross. According to lawyers, now Mozilla can register the Firefox trademark itself, after which it receives the full right to claim the domain firefox.ru.
From the conclusion of the board of the Chamber of Patent Disputes of the Russian Federation:
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To the right holder (SaleNames LLC, 113035, Moscow, Sadovnicheskaya St., 14, p. 2) and to his representative (INTELLECT AND LAW Legal Agency LLC, to the Patent Attorney of the Russian Federation V.V. Klyukin, 103009, Moscow, Voznesensky per., D. 5), indicated in the State Register and in application file No. 20066733994/50, in the prescribed manner notifications were sent from 08.06.2011 about the date of the meeting of the board of the Chamber for Patent Disputes appointed on 08.22.2011 with the application and the proposal to submit a review based on the statement.
The notification sent to the right holder was returned with a note that the organization was not listed at the specified address. The correspondence sent to the representative of the copyright holder, returned after the expiration of the storage period.
At the meeting of the Chamber of Patent Disputes, held on August 22, 2011, the right holder of the mark in question was absent, and they were not provided with a review of the statement.
If the SalesNames company received a letter from the Chamber of Patent Disputes of the Russian Federation, it could try to prove the fact of using the trademark. But, as stated in the aforementioned conclusion of the collegium, “the burden of proving the use of a trademark rests with the right holder. By sending notifications to the right holder and his representative, the Chamber of Patent Disputes exhausted its possibilities of notifying the right holder of the application received. ”
Simply put, gentlemen cybersquatters need to carefully look through the mail, and now the train has left.
Robert Gledenov himself strongly disagrees with this decision of the board. He claims that he is doing normal business in accordance with Russian law, and they invented the name Firefox. “So it is possible to take away from any trademark,” Gledenov resents.
Source: https://habr.com/ru/post/127809/
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