Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney
The lawyers of Zuykov and Partners again defended the interests of LLC “Masterhold” in the Ninth Arbitration Court of Appeal
The dispute between the LLC “Masterhold,” whose interests are represented by Zuykov and Partners, and IE Korneev D.N. is lasting during more than a year and the legal proceedings have reached the stage of a reconsideration of the case in the Court of Appeal. The illegal use by defendant Korneev D.N. of a domain name “masterhold.ru” and the designations “MasterHold” and “МастерХолд,” which right holder is the plaintiff, has served a reason of the conflict.
The First-Instance Court upheld the position of “Masterhold” and satisfied the statement of claim by prohibiting the defendant to use the disputed domain name and the designations, which are confusingly similar to the plaintiff's means of individualization and it bound him to transfer the domain “masterhold.ru” to the company “Masterhold.”
Korneev D.N. considered the court decision to be unlawful and he filed an appeal petition. Having examined the above petition, the Ninth Arbitration Court of Appeal considered the defendant’s point of view to be justified and cancelled the previously made decision; the satisfaction of the statement of claim was refused.
The representatives of the company “Masterhold” appealed to a higher court, as a result of which the dispute was considered by the Court of Cassation. Thanks to the competence and the correctly constructed strategy, the lawyers of Zuykov and Partners achieved that the Intellectual Property Court cancelled the decision of the Court of Appeal and directed the case to the new proceedings in the Ninth Arbitration Court of Appeal.
According to the results of the reconsideration of the appeal complaint, the Court decided to uphold the decision of the Arbitration Court of the City of Moscow of October 15, 2018 in case No. A40-84048/2018, and it did not satisf
ie the appeal complaint, thus recognizing the legality of the claims raised by LLC “Masterhold.”