"Zuykov & partners" has defended the right of industrial design for Vitek in court
The famous British company Dyson technology limited (Dyson Technology Ltd), a major manufacturer of vacuum cleaners, which are selling in more than 70 countries, has failed a lawsuit to Arbitration court of Moscow against Golder electronics LLC and Business Alliance LLC which interests were represented by the lawyers of the company Zuykov & partners LLC on protection of rights to industrial design under patent No. 81235.
The plaintiff is the patentee of an industrial design "vacuum cleaner" in patent No. 81235. In his opinion, the defendants carry out the introduction of vacuum cleaners Vitek into civil circulation in the territory of the Russian Federation, and implementing one of the models of vacuum cleaners has violated his rights for the industrial model, because this model makes the same general impression on consumer, as well as industrial design does, with the assumption that both products have the same purpose.
In this regard the plaintiff requested the court to oblige the defendants to stop the infringement of a patent No. 81235 by introducing the respective vacuum cleaners Vitek into the civil circulation.
Our lawyers, representing the defendants in court, disagreed with the plaintiff and cited in support of its position arguments that in the product the industrial design is not used, and the vacuum cleaner Vitek has some significant differences with the industrial design for the patent number 81235, compare the product and industrial design cannot be recognized as matching by the overall impression.
Moreover, the legal protection, including in the territory of other States, provided to the appearance of different vacuum cleaners with long handles, each of which have their art-design performance (for example, the shape of the handle or shape of the container for the filter), and these distinctive features provide originality, providing the possibility of patenting these products as industrial designs, which right holders also are other persons besides the plaintiff.
Another argument was that the plaintiff was not duly proved the violation of his exclusive rights as provided in the case file documents were inadmissible and unreliable evidences.
The Arbitration court, estimating all the arguments and evidences provided by the parties, rejected the suit of the company Dyson technology limited on its requirements about the termination of infringement of an exclusive right for an industrial design according to the patent of Russian Federation № 81235.Thus, the lawyers of the company Zuykov & partners LLC successfully defended the interests of their client.