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The Prosecutor's Office of St. Petersburg is considering an Anywayanyday claim to Aviasales for the illegal use of trademarks (lawyer's comment)

Anywayanyday, providing services for booking air tickets and hotels, distributes a statement to the media representatives, according to which, asked the prosecutor's office of St. Petersburg to check the competing Aviasales service for the illegal use of trademarks. It is reported that the application has already been submitted to the Directorate of the Ministry of Internal Affairs of Russia of the Central District of St. Petersburg to conduct an “on the fact of possible unlawful actions” by Aviasales.

The essence of AWAD's claims is the discovery of a number of sites with domain names that are “identical or confusingly similar to the“ trademark ”.

Representatives of AWAD also report that in mid-summer they sent an official letter to the Aviasales management with a request to stop the illegal use of trademarks registered in its (Aviasales) name. Having provided the full list of addresses, Anywayanyday has demanded to cancel the registration of domain names within 14 days. According to the statements of the leadership of Anywayanyday: “Aviasales managers ignored the request and only called the letter“ interesting ”,“ strange ”and sent“ not to the address ”in unofficial correspondence.
The most blatant example of Anywayanyday believes a website registered in the national domain of Colombia, “anywayanyday.co”, which automatically redirects the user to the website meta-search for flight tickets.
Now this resource does not work: when you open an advertisement, it says that “domain is for sale”
Quote on the "representatives of the company." And this is how Maxim Krainov, Aviasales Managing Director, responds:
Due to the fact that we do not own, do not control and have no relation to this domain at all, we informally advised the applicant to learn the whois command. Nevertheless, it was easier to learn the face team of the Anywayanyday company.
According to Krainov, Aviasales considers the request to the government bodies "a manifestation of unethical competition and an attempt to get at least some cheap PR to reduce the pace of falling share of the share on the Russian market . "
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In 2013, representatives of Anywayanyday had already discovered a number of resources with domain names similar to their own, which, when downloaded, were redirected to competitors' sites, including Aviasales.

In 2015, the management of Dobroleyta made a claim to the leadership of Aviasales regarding the domain dobrolet-avia.ru, which was registered with the affiliate of the last company. “Dobrolet” as a result of the court decision received 100 rubles.

The editors of "Megamind" requested a lawyer's comment:
Applications for unfair competition are filed with the Federal Antimonopoly Service, claims for violation of exclusive rights to a trademark are filed with the arbitration court. Why did they file an application with the Prosecutor's Office? Apparently, there is no direct evidence of Aviasales involvement in imputed offenses.

The results of the prosecutor's check, if it is positive for Anywayanyday, may give rise to appeal to the above mentioned authorities.

Source: https://habr.com/ru/post/295770/


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