Latvian firm wins a trademark infringement lawsuit

In May 2021 a Latvian company SIA Salmo filed a lawsuit with Bashkortostan Commercial Court against a sole entrepreneur Alesia Mitrofanova, requesting a compensation of 50 thousand rubles for infringement of its Cobra trademark, protected in Russia by virtue of international registration 771365 (in classes 22 and 28 of the Nice classification). As followed from the lawsuit, the defendant engaged in sales of counterfeit fishing wires, which fact was evidenced by a private controlled purchase, recorded on video and also by bill of purchase, listing the item sold and providing information on the seller. First instance court allowed all the evidence presented by the claimant and on 18 October announced its decision, awarding the requested compensation in full, as no objection was raised by the defendant concerning the amount thereof. This decision was supported by the 18th court of appeals in January 2022, despite the defendant’s arguments on procedural violations.

In March 2022 Ms. Mitrofanova filed a cassation plea with the Intellectual property Court, arguing, among other, that the claimant is incorporated in Latvia, which country is listed among unfriendly states in the Decree of the Russian Government No 430-r, and its actions constitute misuse of exclusive right, as the fishing wire is not listed in the trademark registration. The panel of judges, however, disagreed with the defendant, pointing out that the fishing wire is uniform with other goods in 28th class. Also the claimant’s actions to defend its exclusive right could not be regarded as misuse of this right and justify the infringement in question. No retorsion measures against Latvian companies were introduced in Russian legislation yet – and even if they were, they could not be applied retrospectively.

Therefore, the cassation court supported the acts of both first instance and appeal courts, dismissing the cassation plea. The second cassation plea, filed to the Supreme court of Russia, was returned on 13 September due to non-payment of court fees.

https://kad.arbitr.ru/Card/15a1097a-0d87-4431-96d9-1140fcfc4127