THE COURT FORCED TO RETURN THE COMPENSATION RECEIVED FOR TRADEMARK INFRINGEMENT IN CONNECTION WITH THE CANCELLATION OF THIS TRADEMARK
7 Jun 2023
EURASIA
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In 2020, the company filed a lawsuit against the company in connection with trademark infringement and demanded compensation. By the court's decision, the defendant had to pay the plaintiff more than 30 million rubles.
However, in 2021, the plaintiff's trademark was cancelled by the Federal Service for Intellectual Property.
In this regard, the defendant appealed to the court with a request to review the earlier decision to recover compensation in connection with the newly discovered circumstances of the case, and also asked to return the amount of compensation already paid to the plaintiff.
The court satisfied the defendant's request and ordered the plaintiff to return to the defendant the amount of compensation that had already been paid to them by the defendant.
The plaintiff tried to challenge such a decision, pointing out that they should not return the compensation received from the defendant for the period before the cancellation of the protection of the mark. However, the court did not agree with this position, pointing out that the exclusive right to a trademark, the granting of protection to which was invalidated, is not subject to protection. At the time of the review of judicial acts, the plaintiff no longer had the right to a claim, which in itself excluded his satisfaction.