The IP Court Clarifies the Reason for Banning the Use of a State Authority’s Name on a Commercial Website

The IP Court Clarifies the Reason for Banning the Use of a State Authority’s Name on a Commercial Website

26.11.24

In its ruling of September 26, 2024 (С01-1656/2024 in the Case No. A56-26541/2023), the Russian Intellectual Property Court upheld the prohibition on using the abbreviations "fsin" and "ФСИН" in domain names. The decision was based on the defendant’s lack of affiliation with the Russian Federal Penitentiary Service (FSIN). Such abbreviations create an associative link that may mislead users about the nature of the websites, the quality of services offered, and their connection to government authorities.

The defendant argued that it cooperates with the penitentiary system by offering the "FSIN Letter" service, which facilitates online orders and delivery of letters to inmates. However, the court deemed this an abuse of rights. The abbreviation "FSIN" is part of the official short name of the state authority, and no permission was granted for its use. The court emphasized that this could mislead users regarding the defendant's legal status and its alleged association with FSIN.

While supporting the prohibition, the IP Court clarified its reasoning: the state service is not a commercial organization, does not possess a trade name, and does not participate in competitive relations.