Dutch company files appeal with Supreme Court over Black Russian brand protection
MOSCOW, March 14 (RAPSI) – A company from Netherlands, Berklee Capital S.A. has filed an appeal with the Supreme Court asking to cancel decision of Russian patent agency Rospatent, which ruled against granting legal protection to the Black Russian brand, the court documents read on Tuesday.
On December 9, 2016, Russia’s Intellectual Property Court (IP Court) upheld the ruling of Rospatent.
The patent agency found out that “Black Russian” name was created long before the date of patent application of cocktail made from vodka, coffee liquor and ice. It is noted that the cocktail’s name included both “Black Russian” name and its translation into Russian language.
Rospatent noted that the description of classic proportions and recipe of the “Black Russian” cocktail are placed on the official website of the International Barmen Association, meaning that each barman can use those and in fact is required to learn them. Although cocktail may come in different variations, such as adding Coca-Cola for complementary fortitude, the base ingredients have always remained the same, the agency noted.
According to Rospatent, Russian residents understand “Black Russian” name as a specific cocktail made out by following specific recipe and therefore this name applies to all goods of specific category.