«Singing guitar» challenged the refusal of recovery for trademark rights

© RIA Novosti / Igor Taraborrelli in fotobanka trial. Archival photo«Singing guitar» challenged the refusal of recovery for trademark rights© RIA Novosti / Igor Taraborrelli the image Bank

The arbitration court of Petersburg and Leningrad region has registered cassation appeal of LLC «Singing guitar», composed of members of the same legendary ensemble «Singing guitar» created in Leningrad in 1966, the refusal of compensation in the amount of 1.5 million rubles for violation of the trademark rights in the organization of concert of the same group, to the materials on the portal of «Electronic justice.»

«An appeal… the decision of the arbitration court of St. Petersburg and Leningrad region from 26.10.2016», — reported in the card case. A date for a hearing on the complaint is not appointed yet.

OOO «Singing guitar» contests the decision of arbitration of St. Petersburg from October 26, which in may upheld the Thirteenth arbitration court of appeal. Defendants in the case are OOO «Palace of culture named after Lensovet», «Palace of culture on the Petrograd side» and «Roles», which are organizers of the concert band «Singing guitar» in the form of a retro-disco, held in may 2016. According to the court, the plaintiff claimed that the defendants violated his exclusive right to a trademark, using a similar marking «Singing guitar» on the posters, tickets and advertising the concert.

The court of first instance, the conclusions of which confirmed the appeal arbitration, denied the ensemble in the lawsuit, in particular, due to the different classification of trademarks owned by the LLC «Singing guitar», and the businessman Sergei Dronov, who was a part of the namesake of the band whose concert the plaintiff finds objectionable. According to the court, «Singing guitar» possesses trademark rights to the «VIA «Singing guitar» class «organization and conducting of concerts». Drones, in turn, has rights to the trademark «Singing guitar» class «disco, organization of leisure, show programmes», according to the court records.

The decision of the Thirteenth arbitration court of appeal stated that the court of first instance considers that the collective action by its members Dronova S. M. organized its own performance under its name. The case file does not contain evidence that the team was forbidden to play under the name «Singing guitar», the team was formed later than the priority date of the trademark of the plaintiff.