Suppression of importation of counterfeit "Rubik's Cubes" and recovery of compensation from the unfair importer for violation of rights to the trademarks

Client Seven Towns Limited (UK)

Description

The company Seven Towns Limited (UK) has exclusive rights for a series of trademarks "Rubik's Cube," including a three-dimensional trademark, reproducing the world-famous toy-puzzle.
The rightholder became aware of the fact that the company Asiatranscargo (Russia), engaged in the import of the goods from China, imported several large shipments of toys "Rubik's Cube." The customs detained the goods to ascertain their character. The rightholder confirmed that the imported toys were counterfeit.

Solution

In order to protect the infringed rights to the trademarks, the lawyers of Gorodissky & Partners suggested that the rightholder should apply to the customs' authorities with a complaint and bring the importer to the administrative responsibility, and then, based on court decisions on administrative matters, demand a financial compensation.
The administrative investigation culminated in preparing the reports on offenses committed by the importer after which the courts found him guilty of illegal use of the trademarks.
Following that, the lawyers of Gorodissky & Partners initiated a lawsuit to recover compensation in favor of the rightholder in the amount of 1,000,000.00 rubles (about 15000 USD). To support the claims and confirm the guilt of the importer, expert opinions on the value of the counterfeit goods were produced and the damages of the rightholder were estimated. The Court considered that the claimed compensation is commensurate with the infringement committed by the respondent, and reasonable in view of the evidence produced.

Result

Upon review of the administrative cases, the courts imposed penalties on the importer with confiscation of the counterfeit goods for their subsequent destruction.
The claim to recover the compensation in favor of the rightholder in the amount of 1,000,000.00 was fully satisfied.