Zuykov and Partners Protect Premont Trade Print Design
While on duty, Kholodkova A.O., an employee of Premont Trade LLC, created print designs for models of children’s clothing and other products protected under copyright law. The company owns the design, and the employee remains the owner of the non-property rights of the author. Zuykov and Partners represented the interests of the right holder and the author.
In the framework of ongoing monitoring of the facts of infringement of its rights to intellectual property, Premont Trade had known that in the chain of the Dochki Synochki children’s supermarkets, as well as through the www.dochkisinochki.ru website there was an active offer for sale and sale of children’s clothing under the Bony Kids, Kalborn and Fun Time designations, using prints design that are processed works owned by Premont Trade.
So that to confirm the fact of the infringement, representatives of the company made a test purchase, the results of which confirmed the illegal use of copyright objects belonging to Premont Trade.
According to the information received in response to the attorney’s request, it became known that the www.dochkisinochki.ru domain name belongs to the Volga LLC. The fiscal documents indicated that the sale of goods posted on this website is carried out by the Pobeda LLC. Meanwhile, on the packaging of the goods there was printed the name and address of the NEWTOR LLC, the importer. At the same time, the Premont Trade did not give consent to the above-mentioned companies to use the print designs for children’s clothing models.
In connection with the revealed facts of illegal use of intellectual property objects, Zuykov & Partners sent letters of claim dated April 20, 2020 to Volga LLC, Pobeda LLC and NEWTOR LLC. The companies did not respond to these letters.
For this reason, Zuykov and Partners, lawyers representing Premont Trade, the right holder, filed a statement of claim to protect the legitimate interests of the client., indicating the three above-mentioned companies as defendants. A.O. Kholodkova was indicated as a third party without independent claims.
The lawsuit asserted claims for removal of information on goods and offers for sale from the website, as well as for compensation from the offending companies.
During the trial, after reviewing the evidence of the plaintiff and listening to the views of the parties, the court found the claims by Premont Trade legitimate and decided as follows.
- Oblige Volga LLC to remove from the www.dochkisinochki.ru/ website the offer for sale of goods created using the designs of children’s clothing prints under the symbols “Котята” AOP-099 (Purple), “Котята” AOP-099(Grey), “Котята” AOP-099 (Blue), “Волки” AOP-122 and “Машинки” AOP-127.
- Award compensation to plaintiff at the expense of the Volga LLC for the illegal use of the abovementioned designs of children’s clothing prints in the amount of 5,013,656.56 (Five million thirteen thousand six hundred fifty-six rubles) 56 kopecks.
- Award compensation to plaintiff at the expense of the Pobeda LLC for the illegal use of the above-mentioned designs of children’s clothing prints in the amount of 500,000 (Five hundred thousand) rubles.
- Award compensation to plaintiff at the expense of the NEWTOR LLC for the illegal use of the above-mentioned designs of children’s clothing prints in the amount of 500 000 (Five hundred thousand) rubles.