Lidings intellectual property practice’s experts have successfully represented a large German company, one of the world’s leaders in the industrial and FMCG sectors, in a case over infringement of its intellectual property rights by Russian competitor with claim over RUR 20 mln.
One of the Russian regional enterprises imitated trade dress, design elements and corporate colors of well-known adhesives, the intellectual property rights of which belong to the Lidings’ client. The counterfeit products manufactured by the competitor were sold in retail chains throughout the country. The peculiarity of the project was that the manufacturer of counterfeit goods has imitated only the trade dress and corporate style of the client's products and has not directly violated the client’s trademark or patent. The Federal Antimonopoly Service of the Russian Federation (FAS) has been examining this case for six months.
Lidings’ intellectual property practice team led by Managing Partner Andrey Zelenin managed to prove that the actions of the competitor were illegal and violated the client’s copyright. Moreover, the successful judicial strategy was corroborated by the sociological survey of consumers initiated during the project, which confirmed the likelihood of consumers’ confusion.
“We have not only managed to restrain the sale of counterfeit goods, but have also formulated a winning position, which made it possible to prepare a claim in court seeking compensation in the amount of more than 20 mln. rubles. We expect that the compensation will be satisfied in full",- Andrey Zelenin commented.
“Our application was based on art. 14.5 and 14.6 (2) of the Law on Protection of Competition, which came into force only in early 2016, therefore the FAS’ decision will definitely help to form positive practice for other similar cases taken in Russia. The positive outcome of this case is especially important in the light of indirect trademark and patent infringement when the company’s trade dress and corporate style are only imitated and not directly violated becoming more frequent nowadays. This is a real challenge for the right holders in various industries”, − adds Boris Malakhov, senior associate in Lidings’ intellectual property practice.
Lidings Intellectual Property practice successfully represents large Russian and international clients across a wide range of industry sectors in disputes related to the trademark, copyright and patent infringement, ensures legal protection of IP assets on the Internet. Having an outstanding record of successfully conducting complex and commercially important projects for our clients, Lidings was ranked among the top Russian and international legal advisors for its Intellectual Property practice expertise based on the analytical research by Pravo.ru-300.
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