In August 2012 ZAO RosBusinessConsulting, the owner of “РБК” trademark, became aware of existence of OOO RosBusinessConsulting, a company from Kaluga, who had also used “РБК” brand in its activity, including Web advertisements. A reply to a cease and desist letter with a demand to rename and stop trademark usage was sent by the infringer with a big delay, when the lawsuit was already filed into the Moscow Commercial Court. The Claimant’s plea contained all above stated demands along with an extra demand to compensate the illegal use of the trademark in a sum of 500 thousand roubles (approx. 16650 USD). Due to a Defender’s registered place of activity being situated in Kaluga (a capital of Kaluzhskaya Oblast), the suit was passed for a trial into the Commercial Court of Kaluzhskaya Oblast.

The Court dismissed Defender’s statements on personal non-involvement into its own advertisement campaign on the Internet and non-activity in the field of business. As the judge stated in the decision “An infringement of the [Claimant’s] rights is deemed to be committed starting from the moment of putting of the trademark on the Web”. Also the fact of late renaming (in February 2013) added up to the infringement.

In a course of the trial the Claimant has slightly corrected its claims asking for 495 600 roubles compensation – estimated as the doubled cost of use of the exclusive right starting from September (deadline set in the cease and desist letter) till the date of filing of the lawsuit. This sum was extorted in full along with 6100 roubles of legal expences.