Intellectual property of foreign companies receives protection from the Russian Intellectual Property Court

The Intellectual Property Court reviewed the cassation appeal of the foreign company “Gymworld Inc.” (Republic of Korea) against the decision of the Arbitration Court of the Sverdlovsk Region (Russia) dated 03.05.2023 in case No. A60-30765/2022 and the ruling of the Seventeenth Arbitration Court of Appeal dated 06.09.2023 in the same case concerning the claim of the foreign company “Gymworld Inc.” against 6 organizations and 1 individual entrepreneur for compensation for the infringement of exclusive rights to the trademark “Magformers” under international registration No. 1068369, registered on 24.01.2011 for goods in class 28 “Magnetic toys, toys.” “Gymworld Inc.” is also the exclusive copyright holder for the design of the packaging of the products “Magformers Amazing Police Set,” “Magformers Amazing Construction Set,” “Magformers Amazing Rescue Set,” with the rights confirmed by a certificate of authorship of the design.

A representative of “Gymworld Inc.” stated that during the period from 07.01.2021 to 05.03.2021, products were sold with packaging featuring a verbal&device mark similar to the trademark under international registration No. 1068369, and the design of the packaging of Magformers Police Set (“Amazing Police Set”), “Magformers Amazing Construction Set,” “Magformers Amazing Rescue Set” was also used. The company brought this claim to the Arbitration Court of the Sverdlovsk Region after failed attempts to resolve the issue directly with the infringers.

The claims of “Gymworld Inc.” were upheld for an amount exceeding 200 thousand rubles (approximately 2,200 US dollars).

This case serves as a reminder of the importance of protecting intellectual property and the benefits of taking action to prevent unauthorized use.