Trademark protection

Situation

Infralex represented the interests of a state-owned academic institution involved in assessing the quality of education in a case regarding the protection of its trademark. 

The task of our lawyers was:

• Prohibit the defendant from using designations confusingly similar to the customer’s trademark
• Oblige the defendant to seize and destroy counterfeit goods, labels, packaging of goods that carry designations that are confusing similarly with the trademark
• Receive compensation from the defendant

Actions taken

At the request of the client, Infralex prepared a court claim seeking copyright protection for the trademark and compensation for the illegal use of the trademark and represented it in court.

The presence of the client’s trademark on teaching materials was perceived by buyers as a sign of compliance with the official educational standards (hereinafter referred to as standards). The usage of the trademark is impossible without the consent of the client and without the expertise of training manuals.

Result

Despite the fact that the court first instance and appeal courts have decided in favor of the defendant, due to evidence gathered by Infralex lawyers at the stage of the appeal in cassation, it was signed a settlement agreement, under which the defendant obliged not to use the trademark without the consent of the client and to pay compensation in the amount of 5 million rubles.