KARL STORZ SE & Co. KG, a well-known German manufacturer of medical devices and instruments, had become aware of locally manufactured counterfeit single-use antibacterial filters supplied to a range of Russian healthcare institutions. The counterfeit items were marked with KARL STORZ designations.
The Arbitrazh (state commercial) Court of Chelyabinsk Region has established unlawful use of designations which were confusingly similar to the Client’s trademarks. KIAP team successfully proved similarity between the counterfeit items and goods covered by the Client’s trademark registrations that are protected in Russia. The court has obliged the defendant to cease use of the Client’s trademarks and confusingly similar designations in manufacturing, distribution, storage of medical filters, as well as to compensate KARL STORZ SE & Co. KG for the infringement.
Although in this particular case it had not been admissible to provide a justified calculation of compensation, KIAP lawyers managed to obtain a substantial amount of compensation payable to the Client. When establishing the amount of compensation, the court, inter alia, took into consideration the nature of the infringer’s activities, namely manufacturing of special purpose items that are essential for Russian healthcare consumers.
KIAP team representing the Client consisted of Elena Buranova, the Head of IP Practice, and IP Associates Maxim Tabolo and Viacheslav Shmelev.