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The lawyers of Zuykov and Partners have been defending successfully the interests of LLC Masterhold during more than a year

Dec. 17, 2019

The reason for the dispute, which the courts at different levels have been considering during already more than a year, was the illegal use by Kornev D.N. (a defendant) of the domain name masterhold.ru and the combined designations MasterHold and МастерХолд, which were confusingly similar to the means of individualization hold by LLC Masterhold (a plaintiff). The company Zuykov and Partners has been defending the interests and rights of LLC Masterhold throughout the whole conflict.

In October 2018, the Arbitration Court of the City of Moscow satisfied the claims lodged by the plaintiff's representatives and forbade the defendant to use the disputed domain name and the means of individualization, which were confusingly similar to the plaintiff's trademarks and obliged him to transfer the domain masterhold.ru to Masterhold.

Having considered the actions of the first-instance court to be illegal, Kornev D.N. filed an appeal petition. In December 2018, the Ninth Arbitration Court of Appeal, having studied the case materials and listened to the positions of the parties, reversed the disputed decision of the first-instance court and dismissed the claims of LLC Masterhold.

The representatives of Masterhold appealed to a higher court, as a result of which the dispute was considered by the Court of Cassation. During the judicial proceedings in the Intellectual Property Court, the lawyers of Zuykov and Partners achieved cancelling the resolution of the Court of Appeal and directing the case to the new proceedings to the Ninth Arbitration Court of Appeal.

On July 22, 2019, during the reconsideration of the appeal petition, the Court ordered to uphold the decision of the Arbitration Court of the City of Moscow of 15.10.2018 unchanged, and to dismiss the appeal petition, thus recognizing the legality of the claims lodged by LLC Masterhold.

However, even this time, the defendant considered the actions of the Court to be illegal and the decisions to be unjustified, and he filed a cassation petition to the Intellectual Property Court. In support of the claims lodged, Kornev D.N. pointed out to the fact that the disputed judicial acts had been adopted in violation of the norms of the procedural law, the findings of the Courts contradicted the actual circumstances and the proofs contained in the case. In this regard, the defendant asked to cancel the decision of the Arbitration Court of the City of Moscow of 15.10.2018 and the resolution of the Ninth Arbitration Court of Appeal of 22.07.2019, and also to direct the case to the new consideration to the first-instance court.

In December 2019, following the consideration of the cassation appeal of Kornev D.N., the Intellectual Property Court ordered to uphold the decision of the Arbitration Court of the City of Moscow of 15.10.2018 and the resolution of the Ninth Arbitration Court of Appeal of 22.07.2019 regarding the same case unchanged and to dismiss the cassation appeal of the individual entrepreneur Kornev Dmitriy Nikolaevich.

Despite the long period of resolving the conflict and the reconsideration of the dispute in the Court of Appeal and the Court of Cassation, the lawyers of Zuykov and Partners managed to defend the interests of LLC Masterhold and to achieve making the decision in favor of the client.

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Author of article

Sergey Zuykov

Sergey Zuykov

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