Our client, a children's goods store, was sued for infringement of its exclusive right to a trademark. The plaintiff claimed that our client sold toys in packaging bearing the disputed logo.
PATENTUS lawyers were able to prove in the Moscow Arbitration Court that the goods were validly marked with the disputed designation before the date of registration of the trademark containing the designation, and therefore are not counterfeit and can be introduced into civil circulation on legal grounds.
As a result, PATENTUS lawyers were able to significantly reduce their liability. Instead of the claimed 31 million, the amount of compensation was reduced to 7 million.
The client had long been using the disputed designation for its products and had become known in the relevant market, among other things, due to this designation. Although the claim was partly satisfied, the court reduced the amount of compensation will be the first step for the client to reach a positive settlement.