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PATENTUS Achievements in 2014

Date: 06 March 2015

In 2014, the companys lawyers handled more than 90 different IP-related litigations. Currently, up to 50 IP-related cases are concurrently pending in Russian courts. We succeed in about 80% of all cases.

We have resolved four long-standing and extremely complex conflicts over rights to brands:

1) 10-year-long conflict over a popular Russian ice-cream brand. We have secured our clients rights to a trademark (IPC and courts). We have pursued 5 court cases to succeed. All of the court cases succeeded or resulted in settlements in favor of our client.

2) A 3-year-long conflict over rights to the brand of Russias largest rock festival (CPD, IPC). The case proceeded through all judicial instances twice.

3) A 3-year-long conflict over rights to the brand of the worlds oldest manufacturer of stabilized flowers (CPD, FAS, IPC). We pursued one case in the FAS (Federal Antitrust Service) and one case in the CPD We defended the both decisions in the IPC. The cases proceeded through all judicial instances.

4) We secured rights of Russia's oldest car dealership to AVTOMOBILI trademark (CPD, IPC). In order to succeed, we pursued 2 cases in the CPD, 1 case in the IPC over non-use, 1 case in a commercial court over a ban (all cases succeeded).

Furthermore, in 2014:

Parallel imports and counterfeit products:
- we engaged in active fight against parallel imports for one of the worlds largest car makers. During six months, we have curbed operations of the largest importer and seller of parallel import goods. We have commenced more than 30 litigations. Dozens of tons of grey products have been seized and arrested (customs, courts). We succeed in all cases against grey importers;
- we succeeded in 5 cases against sellers of counterfeit products (commercial courts).

Trademarks:
- 14 trademarks canceled based on non-use for our clients (IPC);
- 5 trademarks defended against non-use claims for our clients (IPC);
- we challenged refusals to register 9 trademarks in the CPD for our clients;
- we challenged legal protection of 3 trademarks obstructing our clients in the CPD;
- we defended 2 clients trademarks in the CPD;
- we filed 11 objections with Rospatent against trademark registration applications (all granted).

Patents:
- 10 patents cancelled by the CPD for our clients;
- we defended 2 patents for our clients;
- we obtained a judgment in one case re prohibition of patent use;
- we obtained a judgment in Russia re recognition of a patent prior use right.

Appealing CPD and FAS decisions:
- we appealed one CPD decision in the IPC;
- we defended one IPC decision in the CPD;
- we succeeded in one case in the FAS, acquisition of a trademark right was recognized as an act of unfair competition. We later defended the FAS decision in the IPC.

Copyright:
- we obtained a judgment in one case over prohibition of using copyrighted materials on the Internet (logo design and website design). A counterclaim was filed during the proceedings seeking protection of rights to trademarks and a business name; we also succeeded in this case and the counterclaim was dismissed.




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