Zuykov and partners defended a court decision in an appeal on a copyright infringement case

Earlier, Zuykov and partners proved the fact of unlawful adaptation of a design in a copyright infringement case filed by Premont Trade LLC against Rich Family LLC and Wildberries LLC. The Arbitration Court of the Moscow Region decided to satisfy the claim partially and ordered Rich Family LLC to pay Premont Trade LLC compensation for 19,060,210.36 rubles.

Rich Family LLC disagreed with the decision and filed an appeal with the Tenth Arbitration Court of Appeal, arguing that the court of first instance had not fully established the facts relevant to the case and had incorrectly applied substantive and procedural law.

During the proceedings in the court of first instance, it was established that the claimant owns the copyright to the clothing print design (pattern) under the conditional designation “park dots branches (AOR-311 dark pink).” The claimant discovered that on the websites wildberries.ru and richfamily.ru, advertising, offers for sale, and sales of children’s clothing under the designation “Vulpes” were being carried out using a print design that, in the claimant’s opinion, constituted an adaptation of the work. The first-instance court concluded that the fact of adaptation of the claimant’s work by the defendant had been proven and recognized the compensation amount claimed against Rich Family LLC as justified.

In turn, the appellate court rejected the appellant’s argument that the recognition by the court of first instance of the fact of adaptation was inconsistent with the evidence submitted in the case. Having examined and evaluated the evidence presented by the parties (numerous statements from the parties and third parties, expert opinions, and clarifications given by experts in the hearings), the court concluded that the fact of adaptation of the claimant’s work by the defendant was proven. The adaptation was confirmed by the opinion of the expert from the Autonomous Non-Commercial Organization “Forensic Expertise”, as well as by expert reports from Patent Forensic Examination Center LLC and the Russian State Academy of Intellectual Property (RGAIS).

On this basis, the arbitration appellate court found no grounds to overturn the decision of the court of first instance.

Article 1301 of the Civil Code of the Russian Federation provides that, in cases of infringement of the exclusive right to a work, the author or other rights holder, along with other methods of protection, has the right, in accordance with paragraph 3 of Article 1252 of the Civil Code, to demand, at their discretion, compensation from the infringer instead of damages. In this case, the claimant chose the method of calculating compensation as double the value of the counterfeit copies of the work.

Thus, the lawyers of Zuykov and partners managed to secure a victory also in the appellate instance: the decision of the Arbitration Court of the Moscow Region dated 11.06.2025 in case No. А41-31198/23 was upheld without changes, and the appeal was dismissed.