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PATENTUS has sought claim dismissal in the amount of 789 009 684 rubles

Date: 14 November 2016

Andrey Akimov established satisfaction of the court regarding the inconsistency of the recovery claim in the amount of 789 million rubles to our client, LLC PERVIY PITEYNIY ZAVOD.

GSH Trademarks Limited Co., the claimant, found the designs of the vodka bottle Distarka Khrustalnaya of our client similar to its own vodka bottle Khortitsa.

As the base of the lawsuit (case 20-2121/2016), that was heard by Arbitration Court of the Kabardino-Balkar Republic, were trademarks 514665 and 344862 (both combined) and 531664 (three-dimensional).

Earlier in the other lawsuit, that we held in the same court (case 20-2834/2015), combined trademarks were adjudicated as non-similar to the goods of our client. In this case, we were able to prove this opinion and the court did not found any infringements in the trademarks.

Previously we have prematurely nullified three-dimensional trademark as the bottle form on the ground of non-use in the Court for Intellectual Property Rights (case SIP-428/2015). In the present case it was possible to satisfy the court that the claim for damage recovery of the non-use trademark is right abuse.



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