Russian IP Court rejects U.S. energy drinks producer protest over Moncler brand record
MOSCOW, November 20 (RAPSI) – Russia’s Intellectual Property Court (IP Court) has upheld the dismissal of objections a U.S. energy drinks producer Monster Energy Company made with regard to the legal protection of Moncler clothes and accessories brand, the court’s records read on Tuesday.
According to the claimant, Moncler brand is confusingly similar to its energy drinks brands.
Nevertheless, yet in August the court said there was neither a probability of the brands confusion due to the lack of their phonetic, graphical, or semantic similarity, nor misinforming consumers as to the identity of manufacturers of respectively branded products. Later, the IP Court dismissed a cassation petition filed by the U.S. producer.
The energy drinks company insisted there was a phonetical and visual similarity of words Moncler and Monster. Moncler s.p.a. in turn informed the court that the brand was created out of the first three letters of the name of French commune Monestier-de-Clermont and had nothing in common with the pronunciation of word Monster. Moreover, Moncler claimed it was an internationally known manufacturer of clothes, including those for sports, and enjoyed strong market reputation. Moncler also said consumers across the world, including Russia, recognized its brand.
The IP Court Collegium found the U.S. producer’s arguments unconvincing and upheld an earlier court ruling.