PATENTUS managed to protect the interests of O. Y. Bondarev and Mega Engineering LLC

Date: 26 June 2017

Dmitry Markanov and Tatiana Sergunina protected the interests of the following clients at the Moscow Arbitration Court: Mega Engineering LLC, a leading supplier of equipment for non-destructive control and technical diagnostics, and O. Y. Bondarev, a founder of Mega Engineering LLC. The lawyers asserted the clients right to use the trademarks of General Electric Company under 4 certificates, and proved the inconsistency of claims against the client for recovery of compensation of 5 mln rubles.

General Electric Company and GE Rus LLC acted as plaintiffs under Case No. 40-63446/2016.

The defense was based on Article 1487 of the Civil Code of the Russian Federation on exhaustion of trademark rights. In accordance with the norms, no person is in breach of a trademark right with respect to any goods which have been put into circulation with the right holders consent. The PATENTUS lawyers collected material evidence pointing out that the plaintiffs trademark rights had exhausted, which means that Mega Engineering OOO and O. Y. Bondarev had been lawfully using the trademarks.

This case is important, as currently the Russian court practice is short of examples of similar cases, and the most basic defense was to prove the fact of exhaustion of the trademark rights.

Dmitry Markanov   Tatiana Sergunina

Thank You!