Successfully resolving a 'domain dispute' over a trademark infringement
IP lawyers at Pepeliaev Group successfully safeguarded the interests of our client, a leading manufacturer of children's clothing, in a dispute over a trademark infringement. The defendant registered a domain name in its own name, with the domain name coinciding with the client’s trademark. Moreover, the defendant was not using the domain name, but forwarding the users to the claimant’s website. The courts held that such actions constituted an infringement of our client’s exclusive right to the trademark. Originally, the case law was that claims under domain disputes were satisfied if the defendant was using the website under the domain name for the same goods or services for which the trademark was registered. Subsequently, the IP Court has developed practice whereby the fact of the registration of a domain name may be recognised as an infringement, provided that the administrator of the website demonstrates unfair competition and an abuse of a right in the actions. We are not aware of any cases in which claims had been satisfied against persons who not only administered websites but forwarded users to the claimants’ websites. Pepeliaev Group’s lawyers managed to have the above case recognised as an infringement of the trademark of our client. As a result, all courts, including the court of cassation, supported our position.
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