In the HTML code forbidden to use other people's trademarks
The Arbitration Court of St. Petersburg made a decision that can seriously affect the practice of modern search engine optimization in Russia.
The court found illegal the use of foreign trademarks in the HTML code of the site. This is a common practice in search engine optimization, because in this way you can attract search traffic.
The proceedings on the claim of ZAO NPO Telecommunications Engineers to the company ZAO STR were continued for two and a half years . The defendant did not deny that he had inserted the word “ExPro” into the title tag, which was similar to the confusion with the “Expro” trademark, the rights to which belong to the claimant.
“Thus, using the claimant’s trademark, the respondent influenced an increase in the traffic to his website and the promotion of his goods on the market,” the court said. - In accordance with Article 10.bis of the Convention on the Protection of Industrial Property, an act of unfair competition is considered to be any act of competition contrary to fair practices in industrial and commercial matters. In particular, all actions that can in any way cause confusion in relation to the enterprise, products or industrial or commercial activities of a competitor are subject to prohibition. These legal norms correspond to the provisions of Article 1484 of the Civil Code of the Russian Federation, which entered into force on January 1, 2008. "
The court found illegal the use of foreign trademarks in the HTML code of the site. This is a common practice in search engine optimization, because in this way you can attract search traffic.
The proceedings on the claim of ZAO NPO Telecommunications Engineers to the company ZAO STR were continued for two and a half years . The defendant did not deny that he had inserted the word “ExPro” into the title tag, which was similar to the confusion with the “Expro” trademark, the rights to which belong to the claimant.
“Thus, using the claimant’s trademark, the respondent influenced an increase in the traffic to his website and the promotion of his goods on the market,” the court said. - In accordance with Article 10.bis of the Convention on the Protection of Industrial Property, an act of unfair competition is considered to be any act of competition contrary to fair practices in industrial and commercial matters. In particular, all actions that can in any way cause confusion in relation to the enterprise, products or industrial or commercial activities of a competitor are subject to prohibition. These legal norms correspond to the provisions of Article 1484 of the Civil Code of the Russian Federation, which entered into force on January 1, 2008. "
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Source: https://habr.com/ru/post/97968/
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