Ukrainian Snake Island Soldier Seeks Trademark for Iconic Phrase, as Major Brand Challenges Grow in Russia

 SUMMARY

• EUTM filed for viral ‘f*ck yourself’ phrase said by Snake Island soldier

• Application is approved by soldier’s family and the Ukrainian military

• Recent third party filings in Russia for McDonald’s and Starbucks brands

WTR can reveal that a Ukrainian border guard who refused to surrender to a Russian warship has filed an EU trademark application for the phrase that went viral during their stand-off. It comes as reports emerge of major brands being targeted with rogue trademark filings in Russia, while opportunists around the world file for terms related to the military conflict.

At the end of last month, a Russian naval vessel requested that 13 Ukrainian border guards on Snake Island surrender. Instead of giving themselves up, the 13 soldiers went viral for telling the Russian warship to "go f*ck yourself". Initial reports (later contradicted) suggested that the soldiers were killed after the Russian warship shelled the island in response. The actions of the men received global coverage and plaudits, and this week the Ukrainian government even announced a postage stamp representing the phrase.

WTR has learned that the soldier who uttered the ‘f*ck yourself’ phrase – with permission obtained from his family and the Ukrainian military – is seeking an EU trademark for the term (in both Cyrillic script and English). It was filed yesterday by Taras Kulbaba, founder and lawyer at Bukovnik & Kulbaba, and covers a variety of goods and services from clothing and bags to entertainment and NFTs.

With the safety of the soldier and his family in mind, Kulbaba took a relatively unusual approach when filing for the mark. “When we got in touch with both the military and his family with the idea for a trademark, they all approved but were also concerned that if the application had the family address, it would be dangerous and lead to people making their life hell,” he told WTR. “So after discussing it with both parties, we decided to file the application with the Snake Island address, because it was his place of domicile for quite a long period of time.”

The unique approach to the applicant address could be one of the grounds that gives the EUIPO pause when considering the mark, Kulbaba admits. “The soldier couldn't personally give us instructions to file the application, and under these circumstances his family must make legal decisions for him – so since we approved this with his family, we see no grounds for refusal on those grounds and we hope the EUIPO agrees,” he explains. “There could also be refusal on morality grounds due to the language used in the mark. However, there is some case law in our favour, so we have hope that it will go through.”

The need for a trademark quickly emerged when, within days of the men’s bravery going viral, a US-based company called Edge Group LLC filed a trademark at the US trademark office for the term RUSSIAN WARSHIP GO FUCK YOURSELF for T-shirts. It is understood a US attorney is being sought to work pro bono on an opposition to that particular mark on behalf of the border guard’s family (WTR has reached out to the applicant, but received no response). Also, at the EUIPO, a Lithuanian company has filed for a related term in Cyrillic script (it is understood they have been requested to abandon the filing or transfer it to the family).

The ability to defend against opportunistic trademarks is one of the primary reasons for the filing, Kulbaba explains. Another reason, he adds, is to give the soldier and his family the ability to have ownership of the phrase. “We explained in the declaration of good faith to the EUIPO that we believe that either he or his family – depending on what happens in the end –  should have the right to benefit from this. We know that many people are using the phrase commercially without their consent and no-one will be stopping that because it would take a lot of time and money. However, I'm also pretty much sure that there will be many companies who would support an initiative and would agree to pay a licence fee – and perhaps even a few major players may want to do merchandising. That would be a huge help for the family.”

Of course, the “go f*ck yourself” phrase is not the only term or image related to the invasion that has achieved global prominence in the last few weeks. Unsurprisingly, there are dozens of trademark applications around the world that seek to take ownership of some of them. For example, Ukrainian president Volodymyr Zelenskyy’s famous (but disputed) line to the US that “I need ammunition, not a ride” is targeted by at least two trademark applications. The first is a word mark at the USPTO from Texas-based resident Alan Farmer for classes covering printed shirts and mugs. The second is a figurative mark at the EUIPO featuring the phrase alongside an image of Zelenskyy and the word ‘hero’ – with the goods and services description including “standing up to a megalomaniac dictator”, “defeating Putin” and “defending democracy”.

Elsewhere, various anti-Putin trademarks have been filed in recent days at registries around the world. In the US, video game developer Accelerate Games Inc has filed for the terms PUNCH PUTIN and PUTIN, while New York-based Andrew Dworjan has filed for the term F… PUTIN (for vodka). Over the Atlantic at the EUIPO, visual trademarks have been filed for “Raise your hand if you're a war criminal” (featuring an image of Putin with his hand up) and “Criminal” (featuring an image of Putin). In Germany, there have been filings for ZELENSKYY and JE SUIS L’UKRAINE (the latter echoing the phrase ‘Je Suis Charlie’ that went viral following the mass murders at the offices of French satirical magazine Charlie Hebdo, which also led to a slew of trademark filings).

Major brands targeted in Russia

Any major world event will inevitably spur a swathe of related trademark applications, and the invasion of Ukraine is clearly no different. However, what is relatively unique is the Russian government’s proposed suspension of certain IP rights in response to sanctions imposed for its military campaign.

This comes against a backdrop of many major brands suspending commercial activities in the country, and it appears that this environment has spurred some Russian applicants to seek trademark protection for major brand names. Last week, McDonald’s confirmed it would cease operations in Russia immediately, and The New Daily has reported on one company, Russian Field Logistic LLC, filing a trademark for the McDonald’s logo turned sideways. Furthermore, more filings in Russia have been identified for the Cyrillic versions of McDonald’s and McDuck (the Russian nickname for McDonald’s). A latin alphabet version of Starbucks has also been lodged.

The situation is a difficult one for foreign companies, says Robert Reading, head of content strategy at Clarivate IP Group. “It is a real challenge for western brands right now in figuring out how to enforce their rights in Russia if legislation renders these rights effectively ‘fair game’ for Russian parties to take without compensation and the legal system fails to protect IP rights owned by foreign owners,” he says. “At the moment, sanctions do not prohibit the payment of official fees in Russia, although there may be challenges in making payments. That challenge would all change if sanctions ramp up and western companies are legally prohibited from interacting with Russia completely.”

Monitoring for marks is complicated by Russian Patent Office (Rospatent) data not being currently available to search on the EUIPO’s TMview tool, a platform popularly used to search for potentially problematic filings across the world. According to an EUIPO representative, the disappearance of Rospatent marks from TMview is not related to the EUIPO’s recent announcement that it was halting cooperation with Rospatent. “The availability of information in TMView totally depends on the participating offices providing EUIPO with accurate up-to-date data and stable services linking back to their website,” the EUIPO representative explained. “Any disruption you may have observed is in any case totally unrelated to any action on the EUIPO’s side.”

WTR has contacted Rospatent for more information. It is understood that commercial watching services – such as those operated by Clarivate and Corsearch – are unlikely to be currently impacted. However, if further restrictions on the availability of data or if further sanctions are applied, that could change.

For now, rights holders – especially from companies that have pulled out of Russia – are advised to monitor for potentially problematic trademark filings in Russia. Meanwhile, the family of the Ukrainian border guard must wait and see how the EUIPO responds to the newly-filed trademark application. The application gives them six months priority on future filings, with Kulbaba saying it is his “biggest wish that the conflict ends within that time”.

Source: worldtrademarkreview.com

Editor: IPR Daily-Rene