Page 199 - مجلة الملكية الفكرية العدد كامل
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المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
Zuykov’s trademark be- market and upon entry,
fore court, which result- initially forced the com-
ed in a protracted legal pany to market its cars
dispute substantially de- only under the brand’s
laying Starbucks’s entry English name because
into the Russian market. the squatter maintained
ownership of the trade-
● Other companies ap- mark on the Chinese
pear to have given in in- name14.
stead of risking litigation. In
particular, Zuykov claims to III. How does trademark
have successfully squatted squatting work in the context
trademarks belonging to of ‘first to file’ and ‘first to
the German car manufac- use’ jurisdictions?
turer Audi. In an interview,
he claimed to have sold In general, one can
five trademarks to Audi in distinguish between two
2001 for the price of US$ main systems for obtaining
25,000. trademarks (as extremes).
Trademark rights either ex-
● Another example is ist for the “first-to-use” or
that of Californian car are granted by a trademark
maker Tesla. Tesla registry to the “first-to-file”.
has faced a trademark Most countries have adopt-
squatter in China, which ed some kind of first-to-file
substantially delayed its
entry into the Chinese 14 Carsten Fink, op.cit, P. 3.
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