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Judgment of the Presidium of the Supreme Commercial Court of 4 February 2014 № 9189/13 in the case KAO Corporation vs The company “Markos”

1) whether compensation for the unlawful use of a trademark may be regarded as a penalty? 2) whether plaintiff’s expenses for court fee must be reimbursed to him in accordance with the amount of compensation he claimed for violation of his right to the trademark or in accordance with the amount that was actually awarded by the court?

Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 6813/12 in the case The entrepreneur Sergey Chudov vs The Vladivostok customs office

Point of law: whether customs office was right in suspending the importation of goods with a trade mark registered in the customs database of IP rights, provided that the first sale of such goods has already taken place in another country?

Judgment of the Presidium of Supreme Commercial Court of 11 September 2012 № 5939/12 in the case The company “Hame s.r.o” (Czech Republic) vs The company “Ruzkom” et al.

Point of law: whether a factory violates an exclusive right to another’s trademark, when it packages its own goods with the packing, on which a designation, confusingly similar to this trade mark, has been put not by the factory itself, but by a third person (the supplier of the packing)?

Judgment of the Presidium of the Supreme Commercial Court of 26 June 2012 № 17769/11 in the case The Baltic Customs Office vs The company “Optimum-Kargo”

Point of law: whether it constitutes an unlawful use of the trademark on the part of an importer to place a designation which is confusingly similar to the trademark upon shipment-related documentation (such as invoice, packing list and compliance certificate)?

 

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