Protecting сustomer 's interests in one of the biggest trademark disputes

Situation

Infralex represented interests of the largest Russian print house under the case of the rights for the trademark usage in the amount USD 50 + million.

The other publishing house (opponent) at the press of the literature began to use the designation like extent of mixture to trademarks of client`s publishing house in the form of the stylized color globe. 

The client appealed to court and won a dispute at the first level, having proved the violations allowed by the opponent and having collected compensation for violation of the rights for the trademark in the amount of USD 50 + mln. 

Seeking to avoid compensation payment, the opponent filed to Rospatent a petition for contest of legal protection of the educations trademarks and submitted a claim to Intellectual Property Rights Court for recognition of registration of the Educations trademarks the act of unfair competition. Rospatent and the Intellectual Property Rights Court (in two levels) made a judgment on the position of the opponent.

Actions taken

The decision of the Intellectual Property Rights Court threatened the Client with the loss of trademark rights and ruled out the possibility of recovering more than 3.5 billion rubles in a previously won court. Infralex was involved in protecting the interests of the client.

Our lawyers have developed a strategy to protect the interests of the Client in the Court of Cassation and represented the Client in the Intellectual Property Rights Court. 

Result

Thanks to the work done by Infralex lawyers, the Client retained the rights to the trademark, as well as the right to collect more than 3.7 billion rubles from the opponent.