KIAP team defended interests of an international hypermarket chain in a dispute over a series of trademarks infringement
On February 7, 2017 the IPR Court cassation instance upheld first instance and appeal courts’ decisions over a series of German hypermarket chain Globus’ trademarks protection in case No. А60-11954/2016, wherein KIAP team successfully ceased an unauthorized use of “Globus” in a name of one of the biggest shopping and entertainment malls of Yekaterinburg in full, including the Web.
KIAP team effectively proved a confusing similarity of the infringing name and the Principal’s trademarks as well as a uniformity of related services, towards which the means of individualization said have been used.
Despite the fact that a Defendant turned out not to be owning the facility with the infringing name and in the course of the litigation its practical owner remained unrevealed, the courts founded that evidences presented by KIAP team establish a Defendant’s liability of the trademarks infringement and fastened a burden of proof to the contrary on him, although a Defendant is not an owner of the facility said.
The Principal was represented by Alexey Sizov, Attorney at Law and Maxim Burda, IP Associate. Ilya Ischuk, Attorney at Law managed the project at all stages.