Challenging the decision of the Arbitration Court on issuing a writ of execution

Project essence

In 2012, Our clients - IE Smirnov V.V. and Sfera, LLC faced a situation when they could lose the trademark rights and the franchise business in a whole. The matter is that during its existence "PROVOKATSIYA" trademark has changed several owners (holders).

The peculiarity of the situation is that the attempt to contest the transaction was made in the Arbitration Court, being very unusual for intellectual property cases. The arbitration procedure does not involve any third parties, even those whose rights may be violated. The third parties are involved only with the consent of all parties to the proceedings.

Through the actions of PATENTUS lawyers IE Smirnov V.V. and Sfera, LLC were involved in the case on issuance of a writ of execution (case No. А40-95581/2012). Besides, we filed an application to cancel the decision of the Arbitration Court (case No. A40-106479/2012). In case No. A40-106479/2012, we managed to cancel the decision of the Arbitration Court.

The position of PATENTUS lawyers was based on the fact that the disputed decision affected the rights and obligations of the parties not involved in the case. Besides, this decision imposed the obligations upon the Federal Service for Intellectual Property.