Kaspersky Lab scientific and production association

As found out TAdviser, at the end of September, 2016 Kaspersky Lab JSC took arbitration court of Moscow with the claim to the company of the same name – JSC Kaspersky Lab Scientific and Production Association. The known company developing an antivirus requires to stop using her name.

Kaspersky Lab of TAdviser explained that the defendant organization has no relation to them.

We submitted a claim with the requirement to stop using a trade name of JSC Kaspersky Lab. We possess the exclusive right of use of the trade name as means of individualization, and other legal entities have no right to use it or the name similar to it to extent of mixing, – explained TAdviser in Kaspersky Lab.

Kaspersky Lab began to use the known brand the company impostor

The trademark of JSC Kaspersky Lab is registered in Rospatent, specified in the company, but in this claim it refers to violation of use of trade name so far – Article 1474 of the Civil Code of the Russian Federation (The Exclusive right to a trade name).

Under this article, the legal person possesses the exclusive right of use of the trade name – in documents, in advertizing, on the Internet, etc. If other legal person performs similar activity, but is registered later, then it has no right to use the same name or similar to it to extent of mixing.

According to Contour-Focus base, JSC NPO Kaspersky Lab Was Registered in July, 2016. a Core Activity of the Company — "Nauchnye issledovaniya i razrabotki v oblasti estestvennykh i tekhnicheskikh nauk prochiye". A founder and the CEO of the company is Andrey Morgachev. He was a founder and the CEO of several companies which core activity the most different – from trade in transport and meat before construction and scientific developments in the field of natural sciences. In the summer of 2016 he created JSC NPO Novye Kompyyuternye Tekhnologii.

The company "has NPO Kaspersky Lab no website, no phones are specified. It was not succeeded to contact Andrey Morgachev.

To the IT industries very often there are so-called "patent wars", but they are connected first of all using this or that technology, but not a name. Attempts to use untwisted brand were made, for example, concerning VKontakte social network. At the beginning of the 2010th years the different companies tried to patent the trademark with such name for condoms, candies, chewing gum, beer, etc. Cases of claims, for example, to AppStore in which there were applications of the third-party developers using logos of the large known companies are known.

When new unknown firms use the untwisted brand in the name, most likely, their purpose – to earn, the lawyer and the expert of the Temporary commission of the Federation Council in development of information society Denis Abdrakhmanov considers.

"Perhaps, they calculate that they will not be noticed that the owner of a trade name will not react, and during this time they will manage to earn something. In practice of many such cases: for example, the company released the gas burner for hikes under the name "Gazpromchik", or the bar which was called Sberbar opened, – the lawyer says.

Kaspersky Lab did not explain how they learned about existence of the firm of the same name. Anyway the company decided to be protected from an attack on the intellectual property. The arbitration court of Moscow accepted the claim of Kaspersky Lab to production, the meeting is planned for January, 2017.