News didn’t win the lottery

Sportloto filed a lawsuit for intellectual property rights against the Dozhd TV channel (declared a foreign agent in Russia; the legal entity of the Dozhd TV channel in Latvia and the Netherlands are recognized as undesirable organizations) in order to achieve the termination of protection of the Here and Now trademark. Under this name, the TV channel produces a news program, and Sportloto wants to conduct an instant lottery. Lawyers believe that the case will end either with the termination of the mark due to its non-use in the Russian Federation, or with recognition of the fact of registration as an act of unfair competition.

“Kommersant” discovered in the file of arbitration cases that on November 3, Sportloto LLC filed an application to the intellectual property court against TV Channel Dozhd LLC. TC “Center” (the “Stoloto” brand acts as a distributor of tickets for a number of lotteries organized by the Ministry of Sports and the Ministry of Finance; “Sportloto” is part of the same group) explained to Kommersant that they had filed an application to register the trademark “Instant Lotteries. Here and now,” which Rospatent refused to register under class 41 of the International Classification of Goods and Services (ICGS) “due to the presence of a trademark with an earlier priority.”

The Dozhd TV channel registered the sign “Here and Now” on July 9, 2014, while “Sportoloto” registered only on April 4, 2022, according to the Rospatent database. The trademark of the TV channel concerns a number of goods and services of the 38th and 41st classes of the ICGS, in particular television broadcasting, including cable, entertainment television programs, as well as radio broadcasting.

“Here and Now” is the name of the program of the Dozhd TV channel; under this name, news blocks of both the Russian media were published during its broadcast, as well as a similar program of the modern Dozhd registered in the Netherlands. It was not possible to contact representatives of the TV channel.

After Rospatent’s refusal, TK Center JSC, through Sportloto, appealed the examination decision in the service’s chamber for patent disputes and, in order to remove the opposition, applied to the intellectual property court for early termination of the TV channel’s trademark, the company explained.

If Sportloto wants to expand formats for organizing lotteries, for example, on TV, radio or online, the presence of a TV channel trademark can be an obstacle, since there is a high risk of claims, says an intellectual property lawyer, author of the Telegram channel “Calculate by IP” Anastasia Skovpen.

At the same time, both trademarks are registered for services of the 41st class “Organization of lotteries” (the earlier priority of the Dozhd trademark), the lawyer clarifies: “If Sportloto plans to submit new applications with this designation, to “clear the way” it was decided in advance to demand early termination of trademark protection.”

Both trademarks, No. 517364 (owned by the Dozhd TV channel) and No. 861036 (owned by Sportloto), are protected in relation to the 41st class service “Organization of lotteries,” notes Alina Akinshina, general director of the Online Patent company. Thus, both copyright holders can use trademarks (containing an identical verbal element) to individualize this service, including in advertising and in general when promoting it on the market, the expert believes: “Probably, Sportloto LLC would like to exclude the possibility of such parallel use “Here and Now” sign on the lottery market.”

According to Maxim Volkov, deputy head of the Patentus dispute resolution practice, the proceedings will end either with the cancellation of the trademark due to non-use, or with recognition of the fact of its registration as an act of unfair competition on the part of the TV channel.

Yulia Yurasova, Yuri Litvinenko