Russian Court Rules in Favor of Scottish Soft Drink Manufacturer AG Barr

On August 7, the Moscow Commercial Court dismissed the Russia-based Businessinvestgroup’s legal action seeking to cancel the protection of the IRON BREW, IRN-BRU, Iron Brew and PHENOMENAL trademarks belonging to the Scottish soft drink manufacturer AG Barr, on the grounds of non-use in Russia.

The plaintiff applied to register its own Irn-Bru trademark at the Russian PTO and argued that AG Barr’s registration of the same mark proved to be an obstruction in the trademark registration process. The plaintiff claimed that the mark had not been used in Russia for three years.

Carbonated soft drink Irn-Bru is AG Barr’s biggest brand, advertised as “Scotland’s other national drink”, next to Scotch whisky.

Businessinvestgroup has allegedly filed similar lawsuits against other firms, including Heineken. The company’s owner Azamat Ibatullin has reportedly applied to register numerous well-known marks, including Analgin, Playboy, Dr. Pepper, Orbit and Stimorol.

Prepared by: Jelena Jankovic

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Source: Russian Legal Information Agency (RAPSI)