Zuykov and partners won a case on violation of exclusive rights to an industrial design

LEBER LLC filed a claim with the Arbitration Court of the Bryansk Region for joint collection against UAMET LLC and individual entrepreneur A.A. Krasnikov for the protection of the exclusive right to industrial design No. 135579.

In this case, Zuykov and partners represented the plaintiff's interests, LEBER LLC.

The main activity of the Leber group of companies is the design, production, and sale of children's play equipment, sports equipment, theme areas, and other elements of small architectural forms. The Prioritet Company (the new name of the company) has a large production and warehouse complex, as well as its staff of designers who create unique and inimitable designs of children's play equipment, as well as sports equipment, theme areas, and other elements of small architectural forms. Leber LLC owns exclusive rights to many designs of children's playgrounds, some of which are protected by patents.

Thus, patent No. 135579 protects two versions of the play complex in different colors. The patent holder became aware that the website yuamet.com is used to offer for sale the product DG.EP023 Children's play complex "Eco-play", according to the expert opinion submitted by the plaintiff dated 05/16/2023, both versions of the play complex protected by the patent are used.

Since at the stage of pre-trial settlement of the dispute, the defendants refused to voluntarily comply with the demands of the copyright holder, Leber LLC was forced to apply to the arbitration court with a claim for the protection of the violated right.

Objecting to the plaintiff's claims, the defendants referred to the fact that their actions did not violate the exclusive right to a patent, pointing out that all the essential features of an industrial design were not used in the disputed product, since playgrounds significantly differ in configuration, color combination, and the relative position of elements.

Given the disagreements that arose between the parties and to establish the fact of the defendants' use of the industrial design under Russian Patent No. 135579, the court ordered a forensic examination. Based on its results, the expert concluded that the product DG.EP023 Children's play complex "Eco-play" contains all the essential features of the industrial design "GAME COMPLEX" under Russian Patent No. 135579, option 2. In addition, the product DG.EP023 Children's play complex "Eco-play" contains a set of features that makes the same impression on an informed consumer as the industrial design under Russian Patent No. 135579, option 2.

Taking into account the fact that the use of an industrial design under patent No. 135579 was proven without the permission of the patent owner, the court concluded that the actions of the defendants were a violation of the exclusive right of the plaintiff.

In this case, it was important for the plaintiff that the court establish the facts of the violation by the defendants to stop both the current violation and prevent future ones.