Royal Thermo Rus, LLC is the right holder of patent of the Russian Federation No. 91937 for the industrial design “A Radiator Section for Heating.”
ATM TRADE, LLC was offering for sale and was selling the ATM Thermo products — the sector radiators for water heating, including the aluminum radiators “Moderno” 500/80 having 6 sections. Whereas the company ATM was the manufacturer of the heating radiators and it was introducing them into civil circulation.
The lawyers of Zuykov and Partners, who are defending the interests of Royal Thermo Rus, found a violation of the rights to the patent for the industrial design belonging to the company in the above actions. Therefore, the claim letters demanding to stop the manufacture of the products, the offer for sale and the sale of the heating radiators “Moderno” 500/80 were sent to ATM TRADE and ATM. The defendants ignored the letters, due to what Royal Thermo Rus applied for the judicial defense of the violated right.
During the proceedings, a judicial examination was appointed, according to which results, taking into account the positions of the parties, the court made a decision to satisfy partially the claims, namely:
- To prohibit ATM, LLC to manufacture, to use, to offer for sale or to introduce otherwise into civil circulation the heating radiators ATM Thermo “Moderno” 500/80, in which the industrial design under patent of the RF No. 91937 is used.
- To prohibit ATM TRADE, LLC to use, to offer for sale, to sell or to introduce otherwise into civil circulation or to store for these purposes the heating radiators ATM Thermo “Moderno” 500/80.
- To recover damages in the amount of 100,000 roubles from ATM, LLC in favor of Royal Thermo Rus, LLC.
- To recover damages in the amount of 100,000 roubles from ATM TRADE, LLC in favor of the plaintiff.