MTS, tariff for the letter "X"

It seems that MTS launched the Hype brand without taking proper care of trademark protection. As a result, "Hype" had to be urgently turned into just "X" with all the troubles and consequences for the letter of the same name. But the violent activity that ensued around this episode is interesting and somewhat indicative.

I have always praised the legal department of MTS for its accuracy and meticulousness. Sometimes, in the opinion of the outside, the meticulousness is excessive, but the principle “it is better to be careful” justifies itself. Remember at least the “Basic” tariff 10 years ago, invented specifically for closing inactive SIM cards with a preliminary “clearing” of the balance of money on the balance sheet. Instead of simply including a “for air” subscription fee, which MTS lawyers considered potentially vulnerable from the point of view of compliance with laws, they came up with a complex combination of transferring an inactive subscriber to another tariff (they have the right) with a daily fee for a package of SMS messages (also legally clean). By the way, the scheme has successfully survived to this day and continues to function, despite the fact that colleagues in the market have long ago simply “put their inactive subscribers on the counter”, without bothering with anything like that. I agree that the MTS methodology has an additional plus for the operator, after a forced transfer to the "Basic" one can only return to the current tariff, and the archived tariff is irretrievably lost for the client. However, when the scheme was launched 10 years ago, this was hardly thought of; in those days, archival tariffs were of little interest to subscribers. So the only reason to build such a complex structure is the desire to protect yourself as much as possible from even unlikely legal consequences.

This is just one illustrative example. There are many small and not very small situations, the wording in the contracts is also a serious matter. I won't be surprised if even the texts of the news are endorsed by the legal department. In a large public company, lawyers are always busy and eat their bread and butter for good reason. And still, from time to time they stumble upon a hard crust that cannot be easily chewed. So what happened this time?

What was that?

There was a registration of the Hype trademark by another organization, details can be found in L!fe here in an article dated July 18, 2018. Quote from L!fe's post:

“Remember the HYIP tariff from MTS? There is an advertisement with the Big Russian Boss, with Nagiyev, probably with someone else, you can’t remember everything, the operator invested in promotion oh-so. But all good things come to an end, it's time to say goodbye to the Hype tariff - simply because MTS does not have the right to use it. And about how MTS lost this right, you need to tell in more detail.

So, why will MTS soon stop advertising and promoting the "HYIP" tariff, and then they will be required to remove all information about this tariff from their portal and from all their advertising? Because before my eyes lies the certificate of registration of the trademark "Hype" and Hype in Russia, which was issued by JSC "News Media" on July 6, 2018. It is especially pleasant to write these lines because a year ago this trademark was created by me personally and on June 13, 2017 an application for trademark registration was submitted to Rospatent. Since the trademark "Hype", or Hype, is also used for the application, it was also registered in the class of the Nice Classification 38 (telecommunications, wireless broadcasting, television broadcasting, television cable broadcasting, radio broadcasting).

A week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype", including, of course, in class 38, already taken. . >".

The following is an emotional text with calculations of those hundreds of millions of rubles that MTS will cost the illegal use of now someone else's trademark, and poorly concealed pride in how nicely they managed to pull off this business.

Officially, the Hype tariff was launched by MTS at the end of August 2017, in early September we wrote about it in a review here. That is, information about the new tariff and the accompanying Hype promotion was widely available in July, in narrower circles in June, or even in May. Coincidentally (?) on June 13, the respected News Media needed to register the Hype trademark, why not? If you believe the above quote, a week later MTS tried to register a trademark, but did not have time. A sort of intrigue and struggle of insiders? It doesn't matter, what matters is the end result.

Consequences

As far as I understand, MTS is by no means going to participate in litigation and risk paying any fines or compensation. I suspect that it's not even about the amounts, which would hardly have "pulled" hundreds of millions, despite all the statements of L!fe in the press. Rather, MTS simply decided to avoid noisy coverage of the incident in the media, which, perhaps, was exactly what News Media was trying to achieve.

MTS, tariff starting with the letter

The name "HYIP" was removed from the site, and the "seditious" word will also disappear from the names of the corresponding services, you can read the news here. Now it is called "Tariff X", MTS proposes to read the name as "Tariff X", which sounds a lot. umm. more noble, or something (smiley). In handouts, the word "HYIP" will be sealed, promotional materials dedicated only to "HYIP" will be disposed of. In materials where the name "Hype" occurs, the letters that have become superfluous will be blurred. The economy must be economical! (I forgot which of our former leaders invented this slogan). At points of sale, they have already received detailed manuals for the extermination of "Hype" in all its manifestations, it is possible that they centrally purchased and sent out red felt-tip pens of the "correct" shade.

MTS, tariff for the letter

News Media carefully unearthed the trademark registration (?) of MTS in April 2018, calling it a “red smear”. Interestingly, News Media did not in passing register the word "Smear" as their trademark? If yes, then I'm even afraid to imagine the fuss that can be raised about the illegal use of someone else's trademark by many thousands of medical institutions in Russia, this is a PR holiday of the soul! Or is it necessary to specify the color and, for example, register yellow and brown strokes separately?

Generally speaking, "word games" is an interesting topic, there are also funny collisions. I remember the old story about the "girl with low social responsibility" in the same MTS. When a certain client with a perverted sense of humor or a certain twilight of consciousness assigned the term “prostitute” as a code word for performing authorized actions on the phone. After that, he called the contact center and happily yelled “Prostitute. » to long-suffering girls. In response to the demand to replace the word, he rested and almost threatened to file a lawsuit, arguing that the word is not obscene and they are vilely trying to infringe on civil rights. It’s a pity they didn’t tell how the story ended then, but I believe in the fact itself.

Who needed it and why?

This is just the most interesting aspect and the question, the answer to which we are unlikely to know, we can only assume. In this sense, a quote from the publication L!fe is very interesting: And a week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype". Of course, one can believe in a coincidence, they lived for themselves and worked at News Media, routinely registering all sorts of trademarks they needed. And then all of a sudden such a newsbreak in the form of an illegal name of the tariff falls like a gift right into your hands, how could you not use it? At the same time, to indicate your position as an implacable fighter against thieves of someone else's intellectual property.

However, the interval specified in the publication “. after a week or so” speaks of a very close coincidence, which, although possible, is unlikely. It is much more likely that something like this was expected and the leak of information about the trademark registration procedure being launched at MTS served as a trigger, News Media rushed to register it and managed to register it a few days earlier. The question "who leaked?" secondary, although it would be harmless to catch the craftsman and commit an act of vandalism over his logos. Indeed, the primary question is “why was this all started?”.

What's next?

MTS, tariff for the letter

Probably, in this particular case, there is nothing special, but I would draw conclusions. Maybe, of course, this is all an episode of a random PR-promotion of a conditional "sensation". Or maybe not, the massive publications of L!fe "on all fronts" and directions go far beyond the ill-fated episode with "Hype". After all, if the stars are set on fire, and then the flame is carefully inflated and fed, then does anyone need it? Again, the proverb about a twisting rope comes to mind, if a businessman is “ordered”. And it is not necessary to warn immediately with a bracelet on your leg, there are more humane ways of persuading. Okay, I'm kidding. I hope I'm kidding.

MTS, tariff for the letter

Returning to the topic of intellectual property. There are enough beautiful finds, from time to time I stumble upon something almost ingenious. In the process of preparing the material, I looked through the description of "Hype" on the MTS website - oh, I'm sorry, now the tariff is "X" - I saw the definition of "Stop Traffic". It's cool, you agree! Instead of the non-obvious term “unlimited”, they were able to describe in two short words with a hyphen the essence of the fact that with Internet access to certain resources, traffic from the main package is not taken into account and is not charged. If only now no one has registered the word "Stop" as a trademark, the traffic police will not be happy with this.

If we talk specifically about the name "Tariff X", then it was also necessary to somehow explain the name change to the general public, which is not aware of all these undercover stirrings. So far, a topic that is not entirely successful, in my opinion, has been launched: curious customers are offered to report that “Tariff X” symbolizes a future project that provides for the subscriber to independently choose and assign a personal name for his tariff. I hope this is nothing more than an excuse for the inquisitive, otherwise there will really be a lot of "personal" tariffs with names like "Oligarch" or "Prostitute", whoever prefers it.

MTS, tariff for the letter "X"

It seems that MTS launched the Hype brand without taking proper care of trademark protection. As a result, "Hype" had to be urgently turned into just "X" with all the troubles and consequences for the letter of the same name. But the violent activity that ensued around this episode is interesting and somewhat indicative.

I have always praised the legal department of MTS for its accuracy and meticulousness. Sometimes, in the opinion of the outside, the meticulousness is excessive, but the principle “it is better to be careful” justifies itself. Remember at least the “Basic” tariff 10 years ago, invented specifically for closing inactive SIM cards with a preliminary “clearing” of the balance of money on the balance sheet.Instead of simply including a “for air” subscription fee, which MTS lawyers considered potentially vulnerable from the point of view of compliance with laws, they came up with a complex combination of transferring an inactive subscriber to another tariff (they have the right) with a daily fee for a package of SMS messages (also legally clean). By the way, the scheme has successfully survived to this day and continues to function, despite the fact that colleagues in the market have long ago simply “put their inactive subscribers on the counter”, without bothering with anything like that. I agree that the MTS methodology has an additional plus for the operator, after a forced transfer to the "Basic" one can only return to the current tariff, and the archived tariff is irretrievably lost for the client. However, when the scheme was launched 10 years ago, this was hardly thought of; in those days, archival tariffs were of little interest to subscribers. So the only reason to build such a complex structure is the desire to protect yourself as much as possible from even unlikely legal consequences.

This is just one illustrative example. There are many small and not very small situations, the wording in the contracts is also a serious matter. I won't be surprised if even the texts of the news are endorsed by the legal department. In a large public company, lawyers are always busy and eat their bread and butter for good reason. And still, from time to time they stumble upon a hard crust that cannot be easily chewed. So what happened this time?

What was that?

There was a registration of the Hype trademark by another organization, details can be found in L!fe here in an article dated July 18, 2018. Quote from L!fe's post:

“Remember the HYIP tariff from MTS? There is an advertisement with the Big Russian Boss, with Nagiyev, probably with someone else, you can’t remember everything, the operator invested in promotion oh-so. But all good things come to an end, it's time to say goodbye to the Hype tariff - simply because MTS does not have the right to use it. And about how MTS lost this right, you need to tell in more detail.

So, why will MTS soon stop advertising and promoting the "HYIP" tariff, and then they will be required to remove all information about this tariff from their portal and from all their advertising? Because before my eyes lies the certificate of registration of the trademark "Hype" and Hype in Russia, which was issued by JSC "News Media" on July 6, 2018. It is especially pleasant to write these lines because a year ago this trademark was created by me personally and on June 13, 2017 an application for trademark registration was submitted to Rospatent. Since the trademark "Hype", or Hype, is also used for the application, it was also registered in the class of the Nice Classification 38 (telecommunications, wireless broadcasting, television broadcasting, television cable broadcasting, radio broadcasting).

A week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype", including, of course, in class 38, already taken. . >".

The following is an emotional text with calculations of those hundreds of millions of rubles that MTS will cost the illegal use of now someone else's trademark, and poorly concealed pride in how nicely they managed to pull off this business.

Officially, the Hype tariff was launched by MTS at the end of August 2017, in early September we wrote about it in a review here. That is, information about the new tariff and the accompanying Hype promotion was widely available in July, in narrower circles in June, or even in May. Coincidentally (?) on June 13, the respected News Media needed to register the Hype trademark, why not? If you believe the above quote, a week later MTS tried to register a trademark, but did not have time. A sort of intrigue and struggle of insiders? It doesn't matter, what matters is the end result.

Consequences

As far as I understand, MTS is by no means going to participate in litigation and risk paying any fines or compensation. I suspect that it's not even about the amounts, which would hardly have "pulled" hundreds of millions, despite all the statements of L!fe in the press. Rather, MTS simply decided to avoid noisy coverage of the incident in the media, which, perhaps, was exactly what News Media was trying to achieve.

MTS, tariff starting with the letter

The name "HYIP" was removed from the site, and the "seditious" word will also disappear from the names of the corresponding services, you can read the news here. Now it is called "Tariff X", MTS proposes to read the name as "Tariff X", which sounds a lot. umm. more noble, or something (smiley). In handouts, the word "HYIP" will be sealed, promotional materials dedicated only to "HYIP" will be disposed of. In materials where the name "Hype" occurs, the letters that have become superfluous will be blurred. The economy must be economical! (I forgot which of our former leaders invented this slogan). At points of sale, they have already received detailed manuals for the extermination of "Hype" in all its manifestations, it is possible that they centrally purchased and sent out red felt-tip pens of the "correct" shade.

MTS, tariff for the letter

News Media carefully unearthed the trademark registration (?) of MTS in April 2018, calling it a “red smear”. Interestingly, News Media did not in passing register the word "Smear" as their trademark? If yes, then I'm even afraid to imagine the fuss that can be raised about the illegal use of someone else's trademark by many thousands of medical institutions in Russia, this is a PR holiday of the soul! Or is it necessary to specify the color and, for example, register yellow and brown strokes separately?

Generally speaking, "word games" is an interesting topic, there are also funny collisions. I remember the old story about the "girl with low social responsibility" in the same MTS. When a certain client with a perverted sense of humor or a certain twilight of consciousness assigned the term “prostitute” as a code word for performing authorized actions on the phone. After that, he called the contact center and happily yelled “Prostitute. » to long-suffering girls. In response to the demand to replace the word, he rested and almost threatened to file a lawsuit, arguing that the word is not obscene and they are vilely trying to infringe on civil rights. It’s a pity they didn’t tell how the story ended then, but I believe in the fact itself.

Who needed it and why?

This is just the most interesting aspect and the question, the answer to which we are unlikely to know, we can only assume. In this sense, a quote from the publication L!fe is very interesting: And a week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype". Of course, one can believe in a coincidence, they lived for themselves and worked at News Media, routinely registering all sorts of trademarks they needed. And then all of a sudden such a newsbreak in the form of an illegal name of the tariff falls like a gift right into your hands, how could you not use it? At the same time, to indicate your position as an implacable fighter against thieves of someone else's intellectual property.

However, the interval specified in the publication “. after a week or so” speaks of a very close coincidence, which, although possible, is unlikely. It is much more likely that something like this was expected and the leak of information about the trademark registration procedure being launched at MTS served as a trigger, News Media rushed to register it and managed to register it a few days earlier. The question "who leaked?" secondary, although it would be harmless to catch the craftsman and commit an act of vandalism over his logos. Indeed, the primary question is “why was this all started?”.

MTS, tariff for the letter

I am not a supporter of conspiracy theories, however, the stormy stream of negative publications that followed on L!fe, including publications on the verge of a foul (“Mobile Undersystems” in the title), hints at someone planned and organized an action. Although you can fantasize with hypotheses as much as you like. For example, they wanted money from MTS, they didn’t want to “agree amicably”, and retribution followed with a demonstration that “offending” the media is more expensive for themselves. It's also one of the hypotheses. I repeat: all this is at the level of fantasy, we are unlikely to know the truth.

If you follow the saying that the pike exists to bring the crucian out of a state of dormancy, then the notorious "good lawyers" of MTS, https://cars45 .com.gh/d4yYwXsRsbrqt09nThCWGQT6 seems to have been left unfinished in this case. Having received a “bell” in the form of an unexpected refusal to register a trademark, they had to think, dig a little deeper and convey their thoughts to the management. Or reported, but the management was not imbued? Again, we will never know. But at that moment it was still possible to respond to the threat by significantly saving on the bulk purchases of red felt-tip pens. For example, urgently rename the future "Hype" to some "Hype", which would be quite in the style of "Unlimited". Although, if there was an informant in the state, News Media could have had time to hurry up with the counter-registration of Haypisch earlier. And in this sense, "Tariff X" was clearly safer, I strongly doubt that Rospatent would agree to register the letter "x" as a trademark.

What's next?

MTS, tariff for the letter

Probably, in this particular case, there is nothing special, but I would draw conclusions. Maybe, of course, this is all an episode of a random PR-promotion of a conditional "sensation". Or maybe not, the massive publications of L!fe "on all fronts" and directions go far beyond the ill-fated episode with "Hype". After all, if the stars are set on fire, and then the flame is carefully inflated and fed, then does anyone need it? Again, the proverb about a twisting rope comes to mind, if a businessman is “ordered”. And it is not necessary to warn immediately with a bracelet on your leg, there are more humane ways of persuading. Okay, I'm kidding. I hope I'm kidding.

MTS, tariff for the letter

Returning to the topic of intellectual property. There are enough beautiful finds, from time to time I stumble upon something almost ingenious. In the process of preparing the material, I looked through the description of "Hype" on the MTS website - oh, I'm sorry, now the tariff "X" - I saw the definition of "Stop Traffic". It's cool, you agree! Instead of the non-obvious term “unlimited”, they were able to describe in two short words with a hyphen the essence of the fact that with Internet access to certain resources, traffic from the main package is not taken into account and is not charged. If only now no one has registered the word "Stop" as a trademark, the traffic police will not be happy with this.

If we talk specifically about the name "Tariff X", then it was also necessary to somehow explain the name change to the general public, which is not aware of all these undercover stirrings. So far, a topic that is not entirely successful, in my opinion, has been launched: curious customers are offered to report that “Tariff X” symbolizes a future project that provides for the subscriber to independently choose and assign a personal name for his tariff. I hope this is nothing more than an excuse for the inquisitive, otherwise there will really be a lot of "personal" tariffs with names like "Oligarch" or "Prostitute", whoever prefers it.

MTS, tariff for the letter "X"

It seems that MTS launched the Hype brand without taking proper care of trademark protection. As a result, "Hype" had to be urgently turned into just "X" with all the troubles and consequences for the letter of the same name. But the violent activity that ensued around this episode is interesting and somewhat indicative.

I have always praised the legal department of MTS for its accuracy and meticulousness. Sometimes, in the opinion of the outside, the meticulousness is excessive, but the principle “it is better to be careful” justifies itself. Remember at least the “Basic” tariff 10 years ago, invented specifically for closing inactive SIM cards with a preliminary “clearing” of the balance of money on the balance sheet.Instead of simply including a “for air” subscription fee, which MTS lawyers considered potentially vulnerable from the point of view of compliance with laws, they came up with a complex combination of transferring an inactive subscriber to another tariff (they have the right) with a daily fee for a package of SMS messages (also legally clean). By the way, the scheme has successfully survived to this day and continues to function, despite the fact that colleagues in the market have long ago simply “put their inactive subscribers on the counter”, without bothering with anything like that. I agree that the MTS methodology has an additional plus for the operator, after a forced transfer to the "Basic" one can only return to the current tariff, and the archived tariff is irretrievably lost for the client. However, when the scheme was launched 10 years ago, this was hardly thought of; in those days, archival tariffs were of little interest to subscribers. So the only reason to build such a complex structure is the desire to protect yourself as much as possible from even unlikely legal consequences.

This is just one illustrative example. There are many small and not very small situations, the wording in the contracts is also a serious matter. I won't be surprised if even the texts of the news are endorsed by the legal department. In a large public company, lawyers are always busy and eat their bread and butter for good reason. And still, from time to time they stumble upon a hard crust that cannot be easily chewed. So what happened this time?

What was that?

There was a registration of the Hype trademark by another organization, details can be found in L!fe here in an article dated July 18, 2018. Quote from L!fe's post:

“Remember the HYIP tariff from MTS? There is an advertisement with the Big Russian Boss, with Nagiyev, probably with someone else, you can’t remember everything, the operator invested in promotion oh-so. But all good things come to an end, it's time to say goodbye to the Hype tariff - simply because MTS does not have the right to use it. And about how MTS lost this right, you need to tell in more detail.

So, why will MTS soon stop advertising and promoting the "HYIP" tariff, and then they will be required to remove all information about this tariff from their portal and from all their advertising? Because before my eyes lies the certificate of registration of the trademark "Hype" and Hype in Russia, which was issued by JSC "News Media" on July 6, 2018. It is especially pleasant to write these lines because a year ago this trademark was created by me personally and on June 13, 2017 an application for trademark registration was submitted to Rospatent. Since the trademark "Hype", or Hype, is also used for the application, it was also registered in the class of the Nice Classification 38 (telecommunications, wireless broadcasting, television broadcasting, television cable broadcasting, radio broadcasting).

A week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype", including, of course, in class 38, already taken. . >".

The following is an emotional text with calculations of those hundreds of millions of rubles that MTS will cost the illegal use of now someone else's trademark, and poorly concealed pride in how nicely they managed to pull off this business.

Officially, the Hype tariff was launched by MTS at the end of August 2017, in early September we wrote about it in a review here. That is, information about the new tariff and the accompanying Hype promotion was widely available in July, in narrower circles in June, or even in May. Coincidentally (?) on June 13, the respected News Media needed to register the Hype trademark, why not? If you believe the above quote, a week later MTS tried to register a trademark, but did not have time. A sort of intrigue and struggle of insiders? It doesn't matter, what matters is the end result.

Consequences

As far as I understand, MTS is by no means going to participate in litigation and risk paying any fines or compensation. I suspect that it's not even about the amounts, which would hardly have "pulled" hundreds of millions, despite all the statements of L!fe in the press. Rather, MTS simply decided to avoid noisy coverage of the incident in the media, which, perhaps, was exactly what News Media was trying to achieve.

MTS, tariff starting with the letter

The name "HYIP" was removed from the site, and the "seditious" word will also disappear from the names of the corresponding services, you can read the news here. Now it is called "Tariff X", MTS proposes to read the name as "Tariff X", which sounds a lot. umm. more noble, or something (smiley). In handouts, the word "HYIP" will be sealed, promotional materials dedicated only to "HYIP" will be disposed of. In materials where the name "Hype" occurs, the letters that have become superfluous will be blurred. The economy must be economical! (I forgot which of our former leaders invented this slogan). At points of sale, they have already received detailed manuals for the extermination of "Hype" in all its manifestations, it is possible that they centrally purchased and sent out red felt-tip pens of the "correct" shade.

MTS, tariff for the letter

News Media carefully unearthed the trademark registration (?) of MTS in April 2018, calling it a “red smear”. Interestingly, News Media did not in passing register the word "Smear" as their trademark? If yes, then I'm even afraid to imagine the fuss that can be raised about the illegal use of someone else's trademark by many thousands of medical institutions in Russia, this is a PR holiday of the soul! Or is it necessary to specify the color and, for example, register yellow and brown strokes separately?

Generally speaking, "word games" is an interesting topic, there are also funny collisions. I remember the old story about the "girl with low social responsibility" in the same MTS. When a certain client with a perverted sense of humor or a certain twilight of consciousness assigned the term “prostitute” as a code word for performing authorized actions on the phone. After that, he called the contact center and happily yelled “Prostitute. » to long-suffering girls. In response to the demand to replace the word, he rested and almost threatened to file a lawsuit, arguing that the word is not obscene and they are vilely trying to infringe on civil rights. It’s a pity they didn’t tell how the story ended then, but I believe in the fact itself.

Who needed it and why?

This is just the most interesting aspect and the question, the answer to which we are unlikely to know, we can only assume. In this sense, a quote from the publication L!fe is very interesting: And a week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype". Of course, one can believe in a coincidence, they lived for themselves and worked at News Media, routinely registering all sorts of trademarks they needed. And then all of a sudden such a newsbreak in the form of an illegal name of the tariff falls like a gift right into your hands, how could you not use it? At the same time, to indicate your position as an implacable fighter against thieves of someone else's intellectual property.

However, the interval specified in the publication “. after a week or so” speaks of a very close coincidence, which, although possible, is unlikely. It is much more likely that something like this was expected and the leak of information about the trademark registration procedure being launched at MTS served as a trigger, News Media rushed to register it and managed to register it a few days earlier. The question "who leaked?" secondary, although it would be harmless to catch the craftsman and commit an act of vandalism over his logos. Indeed, the primary question is “why was this all started?”.

What's next?

MTS, tariff for the letter

Probably, in this particular case, there is nothing special, but I would draw conclusions. Maybe, of course, this is all an episode of a random PR-promotion of a conditional "sensation". Or maybe not, the massive publications of L!fe "on all fronts" and directions go far beyond the ill-fated episode with "Hype". After all, if the stars are set on fire, and then the flame is carefully inflated and fed, then does anyone need it? Again, the proverb about a twisting rope comes to mind, if a businessman is “ordered”. And it is not necessary to warn immediately with a bracelet on your leg, there are more humane ways of persuading. Okay, I'm kidding. I hope I'm kidding.

MTS, tariff for the letter

Returning to the topic of intellectual property. There are enough beautiful finds, from time to time I stumble upon something almost ingenious. In the process of preparing the material, I looked through the description of "Hype" on the MTS website - oh, I'm sorry, now the tariff is "X" - I saw the definition of "Stop Traffic". It's cool, you agree! Instead of the non-obvious term “unlimited”, they were able to describe in two short words with a hyphen the essence of the fact that with Internet access to certain resources, traffic from the main package is not taken into account and is not charged. If only now no one has registered the word "Stop" as a trademark, the traffic police will not be happy with this.

If we talk specifically about the name "Tariff X", then it was also necessary to somehow explain the name change to the general public, which is not aware of all these undercover stirrings. So far, a topic that is not entirely successful, in my opinion, has been launched: curious customers are offered to report that “Tariff X” symbolizes a future project that provides for the subscriber to independently choose and assign a personal name for his tariff. I hope this is nothing more than an excuse for the inquisitive, otherwise there will really be a lot of "personal" tariffs with names like "Oligarch" or "Prostitute", whoever prefers it.

MTS, tariff for the letter "X"

It seems that MTS launched the Hype brand without taking proper care of trademark protection. As a result, "Hype" had to be urgently turned into just "X" with all the troubles and consequences for the letter of the same name. But the violent activity that ensued around this episode is interesting and somewhat indicative.

I have always praised the legal department of MTS for its accuracy and meticulousness. Sometimes, in the opinion of the outside, the meticulousness is excessive, but the principle “it is better to be careful” justifies itself. Remember at least the “Basic” tariff 10 years ago, invented specifically for closing inactive SIM cards with a preliminary “clearing” of the balance of money on the balance sheet.Instead of simply including a “for air” subscription fee, which MTS lawyers considered potentially vulnerable from the point of view of compliance with laws, they came up with a complex combination of transferring an inactive subscriber to another tariff (they have the right) with a daily fee for a package of SMS messages (also legally clean). By the way, the scheme has successfully survived to this day and continues to function, despite the fact that colleagues in the market have long ago simply “put their inactive subscribers on the counter”, without bothering with anything like that. I agree that the MTS methodology has an additional plus for the operator, after a forced transfer to the "Basic" one can only return to the current tariff, and the archived tariff is irretrievably lost for the client. However, when the scheme was launched 10 years ago, this was hardly thought of; in those days, archival tariffs were of little interest to subscribers. So the only reason to build such a complex structure is the desire to protect yourself as much as possible from even unlikely legal consequences.

This is just one illustrative example. There are many small and not very small situations, the wording in the contracts is also a serious matter. I won't be surprised if even the texts of the news are endorsed by the legal department. In a large public company, lawyers are always busy and eat their bread and butter for good reason. And still, from time to time they stumble upon a hard crust that cannot be easily chewed. So what happened this time?

What was that?

There was a registration of the Hype trademark by another organization, details can be found in L!fe here in an article dated July 18, 2018. Quote from L!fe's post:

“Remember the HYIP tariff from MTS? There is an advertisement with the Big Russian Boss, with Nagiyev, probably with someone else, you can’t remember everything, the operator invested in promotion oh-so. But all good things come to an end, it's time to say goodbye to the Hype tariff - simply because MTS does not have the right to use it. And about how MTS lost this right, you need to tell in more detail.

So, why will MTS soon stop advertising and promoting the "HYIP" tariff, and then they will be required to remove all information about this tariff from their portal and from all their advertising? Because before my eyes lies the certificate of registration of the trademark "Hype" and Hype in Russia, which was issued by JSC "News Media" on July 6, 2018. It is especially pleasant to write these lines because a year ago this trademark was created by me personally and on June 13, 2017 an application for trademark registration was submitted to Rospatent. Since the trademark "Hype", or Hype, is also used for the application, it was also registered in the class of the Nice Classification 38 (telecommunications, wireless broadcasting, television broadcasting, television cable broadcasting, radio broadcasting).

A week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype", including, of course, in class 38, already taken. . >".

The following is an emotional text with calculations of those hundreds of millions of rubles that MTS will cost the illegal use of now someone else's trademark, and poorly concealed pride in how nicely they managed to pull off this business.

Officially, the Hype tariff was launched by MTS at the end of August 2017, in early September we wrote about it in a review here. That is, information about the new tariff and the accompanying Hype promotion was widely available in July, in narrower circles in June, or even in May. Coincidentally (?) on June 13, the respected News Media needed to register the Hype trademark, why not? If you believe the above quote, a week later MTS tried to register a trademark, but did not have time. A sort of intrigue and struggle of insiders? It doesn't matter, what matters is the end result.

Consequences

As far as I understand, MTS is by no means going to participate in litigation and risk paying any fines or compensation. I suspect that it's not even about the amounts, which would hardly have "pulled" hundreds of millions, despite all the statements of L!fe in the press. Rather, MTS simply decided to avoid noisy coverage of the incident in the media, which, perhaps, was exactly what News Media was trying to achieve.

The name "HYIP" was removed from the site, and the "seditious" word will also disappear from the names of the corresponding services, you can read the news here. Now it is called "Tariff X", MTS proposes to read the name as "Tariff X", which sounds a lot. umm. more noble, or something (smiley). In handouts, the word "HYIP" will be sealed, promotional materials dedicated only to "HYIP" will be disposed of. In materials where the name "Hype" occurs, the letters that have become superfluous will be blurred. The economy must be economical! (I forgot which of our former leaders invented this slogan). At points of sale, they have already received detailed manuals for the extermination of "Hype" in all its manifestations, it is possible that they centrally purchased and sent out red felt-tip pens of the "correct" shade.

News Media carefully unearthed the trademark registration (?) of MTS in April 2018, calling it a “red smear”. Interestingly, News Media did not in passing register the word "Smear" as their trademark? If yes, then I'm even afraid to imagine the fuss that can be raised about the illegal use of someone else's trademark by many thousands of medical institutions in Russia, this is a PR holiday of the soul! Or is it necessary to specify the color and, for example, register yellow and brown strokes separately?

Generally speaking, "word games" is an interesting topic, there are also funny collisions. I remember the old story about the "girl with low social responsibility" in the same MTS. When a certain client with a perverted sense of humor or a certain twilight of consciousness assigned the term “prostitute” as a code word for performing authorized actions on the phone. After that, he called the contact center and happily yelled “Prostitute. » to long-suffering girls. In response to the demand to replace the word, he rested and almost threatened to file a lawsuit, arguing that the word is not obscene and they are vilely trying to infringe on civil rights. It’s a pity they didn’t tell how the story ended then, but I believe in the fact itself.

Who needed it and why?

This is just the most interesting aspect and the question, the answer to which we are unlikely to know, we can only assume. In this sense, a quote from the publication L!fe is very interesting: And a week or so later, Rospatent received another application, from MTS, for the registration of their trademark "Hype". Of course, one can believe in a coincidence, they lived for themselves and worked at News Media, routinely registering all sorts of trademarks they needed. And then all of a sudden such a newsbreak in the form of an illegal name of the tariff falls like a gift right into your hands, how could you not use it? At the same time, to indicate your position as an implacable fighter against thieves of someone else's intellectual property.

However, the interval specified in the publication “. after a week or so” speaks of a very close coincidence, which, although possible, is unlikely. It is much more likely that something like this was expected and the leak of information about the trademark registration procedure being launched at MTS served as a trigger, News Media rushed to register it and managed to register it a few days earlier. The question "who leaked?" secondary, although it would be harmless to catch the craftsman and commit an act of vandalism over his logos. Indeed, the primary question is “why was this all started?”.

I am not a supporter of conspiracy theories, however, the stormy stream of negative publications that followed on L!fe, including publications on the verge of a foul (“Mobile Undersystems” in the title), hints at someone planned and organized an action. Although you can fantasize with hypotheses as much as you like. For example, they wanted money from MTS, they didn’t want to “agree amicably”, and retribution followed with a demonstration that “offending” the media is more expensive for themselves. It's also one of the hypotheses. I repeat: all this is at the level of fantasy, we are unlikely to know the truth.

If you follow the saying that the pike exists to bring the crucian out of a state of dormancy, then the notorious "good lawyers" of MTS, https://cars45.com.gh/d4yYwXsRsbrqt09nThCWGQT6, seem to have failed in this case. Having received a “bell” in the form of an unexpected refusal to register a trademark, they had to think, dig a little deeper and convey their thoughts to the management. Or reported, but the management was not imbued? Again, we will never know. But at that moment it was still possible to respond to the threat by significantly saving on the bulk purchases of red felt-tip pens. For example, urgently rename the future "Hype" to some "Hype", which would be quite in the style of "Unlimited". Although, if there was an informant in the state, News Media could have had time to hurry up with the counter-registration of Haypisch earlier. And in this sense, "Tariff X" was clearly safer, I strongly doubt that Rospatent would agree to register the letter "x" as a trademark.

If you follow the saying that the pike exists to bring the crucian out of a state of dormancy, then the notorious "good lawyers" of MTS, https://cars45.com.gh/d4yYwXsRsbrqt09nThCWGQT6 https://cars45.com.gh/d4yYwXsRsbrqt09nThCWGQT6 seems to have failed in this case. Having received a “bell” in the form of an unexpected refusal to register a trademark, they had to think, dig a little deeper and convey their thoughts to the management. Or reported, but the management was not imbued? Again, we will never know. But at that moment it was still possible to respond to the threat by significantly saving on the bulk purchases of red felt-tip pens. For example, urgently rename the future "Hype" to some "Hype", which would be quite in the style of "Unlimited". Although, if there was an informant in the state, News Media could have had time to hurry up with the counter-registration of Haypisch earlier. And in this sense, "Tariff X" was clearly safer, I strongly doubt that Rospatent would agree to register the letter "x" as a trademark.

What's next?

Probably, in this particular case, there is nothing special, but I would draw conclusions. Maybe, of course, this is all an episode of a random PR-promotion of a conditional "sensation". Or maybe not, the massive publications of L!fe "on all fronts" and directions go far beyond the ill-fated episode with "Hype". After all, if the stars are set on fire, and then the flame is carefully inflated and fed, then does anyone need it? Again, the proverb about a twisting rope comes to mind, if a businessman is “ordered”. And it is not necessary to warn immediately with a bracelet on your leg, there are more humane ways of persuading. Okay, I'm kidding. I hope I'm kidding.

Returning to the topic of intellectual property. There are enough beautiful finds, from time to time I stumble upon something almost ingenious. In the process of preparing the material, I looked through the description of "Hype" on the MTS website - oh, I'm sorry, now the tariff is "X" - I saw the definition of "Stop Traffic". It's cool, you agree! Instead of the non-obvious term “unlimited”, they were able to describe in two short words with a hyphen the essence of the fact that with Internet access to certain resources, traffic from the main package is not taken into account and is not charged. If only now no one has registered the word "Stop" as a trademark, the traffic police will not be happy with this.

If we talk specifically about the name "Tariff X", then it was also necessary to somehow explain the name change to the general public, which is not aware of all these undercover stirrings. So far, a topic that is not entirely successful, in my opinion, has been launched: curious customers are offered to report that “Tariff X” symbolizes a future project that provides for the subscriber to independently choose and assign a personal name for his tariff. I hope this is nothing more than an excuse for the inquisitive, otherwise there will really be a lot of "personal" tariffs with names like "Oligarch" or "Prostitute", whoever prefers it.