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On Monday, June 17th, Moscow State Arbitration Court passed the final decision in a case No А40-155357/12, reclaiming domains cilek.ru, chilek.ru, cilek.msk.ru, cilek.su from their administrator, prohibiting their further use as infringing the exclusive rights of CILEK ® trademark owner.

The Turkish company СILEK Mobilya Sanayi Ve Pazarlama Ticaret Anonim Sirketi, who owns CILEK ® national trademark registered in Russia under No 377598, filed a lawsuit in November 2012 against the domain names’ administrator - OOO Magnola Treid, requesting the stoppage of unauthorized use of the trademark in all abovementioned domain names. According to the article 1483.2(5) of the Civil code of Russia, the exclusive right to a trademark may be used by its owner or licensee for the individualization of the goods, work, or services with respect to which the trademark has been registered, in particular by using a trademark in the Internet, including in a domain name and for other means of addressing.

Despite the desperate efforts of Defendant’s representatives, who tried to withdraw the claim under different farfetched procedural grounds, the court held the evidence and arguments of the Claimant (represented before the Court by Patentica specialists and their colleagues) good and substantive enough to decide in his favour. The decision is to come into effect after a month, but an appeal plea from the obviously discontent Defendant shall most probably follow before that time.