Sega Corporation, a well-known Japanese video game producer has entered in an agreement with a Russian businessman Pavel Baskakov to settle a series of lawsuits for non-use cancellation of the Corporation trademarks, protected under both national and international registrations. Baskakov had sought to challenge the status of the famous “Sega” logo trademark (RU 199647), as well as related trademarks of the Corporation and its affiliated entities, such as Sega Racing Classic, SegaPrize, and others.
The Intellectual Property Court in Russia accepted Baskakov’s withdrawal of three lawsuits against Sega Corporation and Sega Sammy Corporation on November 13, 2024. The parties reached an out-of-court agreement to wind up all legal actions. It is not unusual for parties in cases of this kind to reach a consensus during actual litigation. While most are settled through pre-trial negotiations, due to a strictly timed procedure of filing a non-use cancellation lawsuit, these negotiations often continue during litigations and end in settlement agreements, approved and published by the IP Court. In this particular case, both parties considered each other’s interests and chose to resolve the issue outside of court.
Disputes over trademark cancellations can be complex if the owner decides to stand its ground, which is quite common for notable trademarks and their prominent owners. Concerning the case in question it must be noted that even if Baskakov had succeeded in canceling trademarks of the Corporation, there was no guarantee that he would have been able to register these or alike trademarks for himself. The Russian Patent Office could have rejected his trademark applications on the grounds of consumer confusion. This is most possibly the main reason behind the agreement, which demonstrates a willingness to find a peaceful resolution to the legal disputes, avoiding the costs associated with prolonged and multiple litigations. Within such a complex and multi-layered discipline as intellectual property, where much depends on assessing actual circumstances and opinions, one can seldom be absolutely sure in his claims or objections, especially with regards to trademarks. Hence, a mediation or other out-of-court settlement option should be always considered by a wise litigant.
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