YPC Weekly Newsletter

2013


LITIGATION BETWEEN FOUNDERS OF “ES? YES!” AND “ES EM…” MAGAZINES OVER TRADEMARK INFRINGEMENT

On September 12, founder of “Es? Yes!” magazine, “PanArm Publishing House” CJSC,  disseminated a press release regarding its lawsuit, filed against founder of “Es Em…” magazine, “Ani Kochar Production” LLC.

As stated in the press release, “PanArm Publishing House” is the owner of the trademark, copyright and related property rights to “Es? Yes!”  magazine (as approved in the certificate of August 30, 2011). After the magazine “Es Em…” was issued “PanArm Publishing House” alleged that the magazine’s name and design are confusingly similar to “Es? Yes!”. On September 10, the Court of General Jurisdiction of Ajapnyak and Davitashen Administrative Districts of Yerevan submitted into consideration the lawsuit claiming to bind the founder of “Es Em…” magazine not to infringe the trademark of “PanArm Publishing House”. At the same time, the plaintiff petitioned the Court to prohibit further publication and distribution of the magazine “Es Em…” – as a measure to secure the claim. The petition was granted.

According to the press release, “Es? Yes!” magazine was founded in 2006 by the “CS Publishing House”, rebranded to “PanArm Publishing House” in July 2012. Since the day of the foundation of “Es? Yes!”,  the magazine’s Chief Editor was Ani Kochar, who worked in this capacity until March 2011. In September 2011, “PanArm Publishing House” signed a license agreement with “Ani Kochar Production” LLC, authorizing the use of the “Es? Yes!” trademark for publishing a magazine under the same title. In August 2013, the contract was terminated, about which “Ani Kochar Production” received a prior written notice, the press release stressed. Later on, the disputed “Es Em…” magazine was issued; Ani Kochar is its Chief Editor.

In an interview to “Chorrord Ishkhanutiun” daily (“I Am Not the One Who Gives up Easily” , “Chorrord Ishkhanutiun”,  September 13, 2013), Ani Kochar, in her turn, stated that the dispute with “PanArm Publishing House”, which consequently brought to the termination of the contract, arose because of her “active civic engagement” (Ani Kochar was in the electoral list of “Barev, Yerevan” bloc at the May 6, 2013 elections to Yerevan Council of Elders) and her “independent stance”.