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The lawyers of PATENTUS won a court case on the prohibition of illegal use of trademarks in the cassation instance

Date: 25 February 2015

In 2012 the company “Kholod Slavmo” took a legal action at the Arbitration Court of St. Petersburg and Leningrad Region claiming against a number of companies: ZAO “Gazpromneft North-West”, OOO “OOO Shell AZS”, OOO “Prodopttorg” on recovering compensation for infringement of the exclusive trademark rights in the amount of RUB 200,000.00 from each company. The defendants were selling ice cream produced by the company “Khladokombinat No. 1”, the packaging for which was confusingly similar to the trademarks owned by the company “Kholod Slavmo”. “Khladokombinat No. 1” was involved as a third party.

The Arbitration Court of St. Petersburg and Leningrad Region with its decision of 03.04.2013 (Case No. A56-9300/2012) as well as the Thirteenth Arbitration Court of Appeal with its upheld ruling of 07.17.2013 dismissed the claims initiated by the company “Kholod Slavmo”.

After that “Kholod Slavmo” obtained legal advice from the lawyers of PATENTUS in respect of the court proceedings.

Thanks to the actions of the lawyers of PATENTUS, the Court for Intellectual Property Rights with its order dated 17.12.2013 withdrew the above judicial acts and the case was remanded to the court of the first instance for a new trial. Under the new consideration of the case the Arbitration Court of St. Petersburg and Leningrad Region with its decision dated 26.06.2014 and the Thirteenth Arbitration Court of Appeal with its upheld ruling of 21.10.2014 met the claims initiated by “Kholod Slavmo”.

Disagreeing with the above judicial acts the company “Gazpromneft North-West” appealed to the court for Intellectual Property Rights with the cassation complaint believing the size of compensation collected was unfounded.

Within the context of the general line on the termination of all litigation proceedings “Kholod Slavmo” was ready to conclude a settlement agreement with the defendant, but the defendant considered it necessary to support the cassation appeal raised.

On February 25, 2015 the Court for Intellectual Property Rights considered the cassation appeal of “Gazpromneft North-West” and ruled to uphold the decision of the Arbitration Court of St. Petersburg and Leningrad Region dated 26.06.2014 in respect of Case No. A56-9300/2012 as well as the resolution of the Thirteenth Arbitration Court of Appeal dated 21.10 .2014 on the same case, the cassation appeal was dismissed.




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