IP News

Rado Uhren AG, a maker of prestigious chronometers and wristwatches has won a case concerning RADO trademark over Holmrook Ltd (BVI). By judgment of Moscow Arbitration court Holmrook Ltd is banned from using “rado” designation in an Internet domain name and obliged to pay a 50 thousand roubles (approx.USD 1600) retribution to Rado Uhren AG for an unfair usage of the trademark.

Rado.ru Internet domain was registered in 1999, much later than claimant’s trademark priority date (1987). The court’s decision mentioned article 10bis of Paris Convention for the Protection of Industrial Property, prohibiting “all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor”. Even though Holmrook Ltd do not compete with Rado Uhren AG in watch industry, the Court held that the domain name “rado.ru” may be confused with the trademark and that defendant had abused his rights, misleading potential Rado Uhren customers, who may surf the Internet looking for “Rado” designation and find that site, which, however, does not provide any information on watches.

An appeal to the decision may be lodged within one month to 9th Arbitration Court of Appeals.

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