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The Intellectual Property Court has made a decision in favor of the right holder of the trade mark “Domznak”

June 28, 2019

Zuykov and Partners has represented the interests of the holder of the violated rights IE Andrienko V.Y. in the Court of Cassation.

The conflict between the parties has arisen as a result of the illegal use of the designation with a word element “Domznak,” including in the domain name, by defendants Eremenko M.V. and Prime Media, LLC. Having recognized the fact that the exclusive rights to the designations belonged to the plaintiff and also having noted the fact of identity of the disputed subject matters and homogeneity of the products being sold, the First-Instance Court took the part of Andrienko V.Y and satisfied the plaintiff’s claims in full prohibiting the defendants to use the trademark in any way and recovering damages in favor of the plaintiff for the violation of the exclusive rights in the amount of 300,000 roubles. The decision made was appealed by the defendants. Having studied the materials of the case and having familiarized itself with the positions of the parties, the Ninth Arbitration Court of Appeal made a decision to uphold the decision of the Arbitration Court of the City of Moscow of 12.20.2018 in case No. A40–173311/2018 and to dismiss the appeal petition.

However, the defendants continued to assume that the actions committed did not violate the legitimate rights and interests of the plaintiff, and therefore they appealed to the Intellectual Property Court. The cassation petition filed on behalf Eremenko M.V. and Prime Media, LLC contained a request for cancelling the judicial acts made previously and refusing to satisfy the plaintiff’s claims filed.

Having considered the defendants’ cassation petition during the judicial session, the Intellectual Property Court made a decision to uphold the decision of the First-Instance Court and the Resolution of the Court of Appeal regarding the same case and to dismiss the cassation petition.

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Author of article

Sergey Zuykov

Sergey Zuykov

Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney