Summary Judgment Victory for a Los Angles Based Russian Language Newspaper

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California lawyers won summary judgment on trademark infringement, trade dress infringement, unfair competition and cancellation of federal trademark registration claims for their clients

Barnhill & Vaynerov LLP and Law Offices of Olga Zalomiy, PC won summary judgment for a publisher of a Los Angeles based Russian language newspaper “Kypbep,” accused of trademark infringement and unfair competition. Plaintiff, an alleged publisher of a New York based Russian language newspaper under the same name, filed a lawsuit in the United States District Court for the Central District of California, captioned Oleg Pogrebnoy v. Russian Newspaper Distribution, Inc., et al., Case No. 10-CV-08532-PA-SS, alleging that the use of the name “Kypbep” in the Los Angles publication constituted trademark and trade dress infringement, as well as unfair competition. Seeking an injunction and millions in damages, Plaintiff also requested cancellation of Defendant Russian Newspaper Distribution, Inc.’s federally registered trademark,, claiming that it was confusingly similar to his alleged common law trademark “Kypbep.” The Honorable Percy Anderson denied Plaintiff’s claims of infringement, unfair competition and cancellation of a federally registered trademark, and granted judgment for the Los Angeles based publisher, finding that Plaintiff had no rights in the trademark and trade dress used in his New York based newspaper.

Russian Newspaper Distribution, Inc.'s President noted: “I am extremely pleased with the successful outcome of this case. The Court's decision confirms that we are the rightful owner of the ‘Kypbep’ trademark.”

Barnhill & Vaynerov LLP is a litigation boutique in Beverly Hills, California. The firm is comprised of experienced trial lawyers with a longstanding history of success in complex commercial, intellectual property, healthcare, qui tam and securities litigation.

Law Offices of Olga Zalomiy, PC is an intellectual property boutique, providing its worldwide clientele with litigation, arbitration and counseling services. The firm’s principal, Ms. Zalomiy, serves as a World Intellectual Property Organization Domain Name Panelist. The firm has offices in Los Angeles, New York and Moscow, Russia.

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Olga Zalomiy

Steven M. Barnhill
Barnhill & Vaynerov, LLP
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