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Intellectual Property Law

: IPKat

Russian bank hits competitor with registered cabbage

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Savoy cabbage before ...
The IPKat, who unlike most felines has a soft spot for brassicas, notes with interest that the Russian Arbitration court has upheld SKB Bank?s exclusive right in the banking sector to use the image of a Savoy cabbage in its advertising, in a dispute against another Russian bank, National Bank TRUST (NBT).  The latter, with an entire range of vegetables from which to choose, foolishly or unimaginatively opted for the same one. The court also ordered the NBT to pay SKB Bank US$9,700 (EUR 7,400) in damages.  The fate of the cabbage is not currently known.

... and after delivery up for destruction
According to Russian International News Agency RIA Novosti, SKB registered its Savoy cabbage image at the Russian Federal Service for Intellectual Property, Patents and Trade Marks (Rospatent) back in 2006 for the purpose of using it in its advertising campaigns. NBT argued that no one legal entity can own the rights to a product of nature such as this widely consumed vegetable.  No, said Rospatent: banks can register common words and corresponding images as trade marks just like anyone else, as long as the words and images in question have no direct connection with the banking sector.

The IPKat recalls the Chinese Tomato Bank and wonders if it has ever been confused with Japan's TomatoBank. This is irrelevant, crows Merpel - tomatoes are fruit, not vegetables.

Top 50 Russian banks here
Russian vegetable recipes here
Savoy cabbage recipes here and here

Thanks are due to Petosevic, for drawing the Kat's attention to this item.

Full post as published by IPKat on September 28, 2010 (boomark / email).

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