Zuykov and Partners Achieved Victory in the Court of Cassation in the Case of Premont Trade

Earlier, Zuykov and partners proved the fact of illegal processing of the design in the case of copyright infringement in the claim of Premont Trade LLC against Rich Family LLC and Wildberries LLC. The Arbitration Court of the Moscow Region decided to satisfy the claim in part and recover compensation in the amount of 19,060,210.36 rubles from Rich Family LLC in favor of Premont Trade LLC.

The lawyers of Zuykov and partners managed to achieve victory in the court of appeal: the decision of the Arbitration Court of the Moscow Region dated 11.06.2025 in case NoA41-31198/23 was left unchanged, and the appeal was dismissed.

Nevertheless, then Rich Family LLC appealed to the cassation instance in the same case for the recovery of compensation for infringement of the exclusive right to the design of clothes.

In the cassation appeal, Rich Family expressed its disagreement with the conclusions of the courts of first instance and appeal, pointing out that the disputed design of the plaintiff and the design of the defendant are different, the latter was created as a result of independent creative work and is not a revision of the former. Also, according to the applicant of the cassation appeal, the amount of compensation recovered is overstated and is subject to reduction. In addition, Rich Family argued that the actions of Premont Trade were an abuse of right, since in order to increase the amount of compensation, it waited for Rich Family to sell more goods, and only after that brought a claim in the present case.

It should be noted that the subject of proof under the claim for the protection of the exclusive right to the work includes the following circumstances: the fact that the plaintiff owns the said right, and the fact of its violation by the defendant by using an identical or processed work.

The courts of first instance and the court of appeal concluded that the work used by Rich Family was a reworking of the disputed design of the plaintiff's print on the basis of the similarity of the drawings, the placement of the drawings on the same type of goods, and the use of identical colors. Contrary to the arguments of the Rich Family society, the plaintiff is not defending the idea of designing a "willow branch", but a specific work of design.

In establishing the amount of compensation for the violation committed by Rich Family, the courts acted in accordance with the competence granted to them and proceeded from the factual circumstances of the case and the principles of fairness and proportionality of compensation to the consequences of the violation.

Finally, the court of cassation rejected the defendant's arguments about the presence of signs of abuse of right in the actions of the plaintiff, since there was no proper and sufficient evidence clearly indicating that the plaintiff acted knowingly in bad faith, in order to cause damage to the defendant and establish obstacles to the implementation of his business activities.

Thus, the Intellectual Property Court concluded that the appealed judicial acts are not subject to cancellation, and there are no grounds for satisfying the cassation appeal.