Russian PTO Ordered to Pay Record Sum for Court Expenses

On March 2, 2015, the Presidium of the Russian IP Court confirmed the decision of the first instance court ordering the Russian PTO to pay approximately EUR 15,000 (USD 16,500) to Russian firm EvroImp, LLC, owner of the trademark Bergland (No. 321953, registered in 2007, for goods in IC 25), in compensation for court expenses that ensued following PTO’s cancellation of EvroImp’s trademark.

This sum covers attorney fees, which were EURO 9,600 (USD 10,500), as well as other expenses such as business trips and conducting public opinion polls. EvroImp asked for a greater amount of compensation, approximately EURO 44,850 (47,840), but even the awarded sum of EUR 14,950 is unprecedented for the Russian PTO.

The case between EvroImp and the PTO resulted from EvroImp’s trademark dispute with METRO Cash & Carry, an international self-service wholesaler. Namely, EvroImp initiated trademark infringement cases against METRO Cash & Carry because of the unlawful use of the trademark Bergland on clothing and was awarded approximately EUR 470,000 (USD 513,000) compensation. METRO Cash & Carry appealed the amount of compensation. The appeal is still pending and will be considered next month.

During the dispute, METRO Cash & Carry invalidated EvroImp’s trademark Bergland at the Chamber of Patent Disputes of the Russian PTO, but EvroImp successfully appealed the PTO’s decision at the IP Court and restored its trademark rights.

At the beginning of 2015, EvroImp notified the court of its bankruptcy.

By: Tatyana Kulikova

For more information, please contact Tatyana Kulikova at our Russia office.