RU | EN

In June 2019, Juniper Networks, Inc., the owner of “Juniper” Russian trademark, filed a trademark defense lawsuit against Juniper Shop LLC company from Moscow, and Junipershop.ru domain owner, hosting a web-shop for “Juniper” labeled communication products. The trademark owner, represented by Patentica, demanded to cease the trademark infringement by stopping sales, abandoning the domain, changing the legal name of Juniper Shop LLC and payment of compensation.

The Commercial court of Moscow has decided in favor of the Claimant, forbidding any further use of “Juniper” trademarks on the Internet, as well as administration of junipershop.ru domain name. A compensation was also imposed on the administrator. However, the court has dismissed the claim for change of the Juniper Shop LLC legal name, noting that under Art. 1473 of the Civil code such a change is only possible in case an official business registrar advances a corresponding claim.

An appeal was filed by the lawyers from Patentica with 9th Commercial Court of Appeals, which has re-considered the case on the available evidence and sustained the appeal. The court has found that while the art. 1473 of the Civil Code does indeed allows filing a claim for compulsory change of a legal name only for an official business registrar, it does not prevent an owner of a prior registered trademark from defending its legal name by filing a lawsuit under general rules of articles 1474 and 1252 of the Code. Therefore, the Court of Appeals has changed the decision partially, obliging the Defendant to change its legal name within a month.

For more details, see https://kad.arbitr.ru/Card/30eb328b-c260-4e22-962c-f707a74eaecc.