KIAP, Attorneys at Law, have successfully defended the rights to KARL STORZ trademarks

18.12.2019

KIAP, Attorneys at Law, have successfully defended the rights to KARL STORZ trademarks
Photo: © www.karlstorz.com

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.


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Intellectual Property

Headed by Elena Buranova, KIAP IP practice is recommended by the international ratings Legal 500 EMEA and Chambers Europe, as well as by Russian Pravo.ru-300 and "Kommersant" legal directories. In 2019 the practice was marked by the ranking ‘Managing IP - IP Stars' and was listed among the best law firms in Russia in Trade mark contentious work. Elena Buranova is personally recommended by Best Lawyers international rating. In 2019 Elena was appointed a member of INTA Commercialization of Brands Committee for the term of 2020-2021. The clients of the practice are major Russian and international retailers, TMT and IT corporations, oil & gas, production and pharmaceutical companies. The Practice represents its clients in the Patents Disputes Chamber, Arbitration tribunals, and General Jurisdiction Courts, provides consultations in all intellectual property issues and assists in registration of intellectual property rights.  


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