Russian Court Affirms Bank’s Exclusive Rights to Cabbage Image

The Russian Arbitration court has upheld the Russian SKB-Bank’s exclusive rights in the banking sector to use the image of a Savoy cabbage in advertising, in a dispute against another Russian bank, National Bank TRUST, which has also recently used an image of the same vegetable. The court also ordered the National Bank TRUST to pay the SKB-Bank USD 9,700 (EUR 7,400) in damages.

As the Russian International News Agency, RIA Novosti, reported on September 8, 2010, the SKB-Bank registered the Savoy cabbage image at the Russian Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) back in 2006 for the purpose of using it in its advertising campaigns. Although the National Bank TRUST argued that a certain legal entity cannot own the rights to a product of nature such as this widely consumed vegetable, Rospatent maintained that banks are allowed to register common words and corresponding images as trademarks as long as these words and images have no direct connection with the banking sector.

Two other Russian banks are involved in a similar dispute. Namely, the Orient Express Bank, which obtained exclusive rights to the word ‘Christmas’, has filed a claim against the Russian Capital Bank for using the same word. The hearing of the case is scheduled for September 24, 2010.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Russian International News Agency — RIA Novosti