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Publications / 6.9.2019

Cartoons will be considered in court. Trademark owners are filing thousands of lawsuits for the sale of a counterfeit product / Delovoy Peterburg

Some infringers get away with a warning, while others face six-figure fines.

The Smolninsky District Court of St Peterburg has imposed administrative liability on Alexey Sychev who used a costumed character of Julius the Horse, from the cartoon Three Warriors. An infringer wearing the costume made photos with tourists on the Palace Square. That he charged money for such photo-shooting was held by the court to be a copyright infringement (article 7.12 of the Russian Code of Administrative Offences). The wearer of the costume will have to pay a fine of RUB 1,500, and the costume will be confiscated, Daria Lebedeva, head of the unified press services of St Peterburg’s courts, told Delovoy Peterburg.

Commercial court files contain thousands of similar cases, including against individual entrepreneurs. The most high-risk brands include “Masha i Medved”, “Smeshariki”, “Fixiki”, “Tri kota”, “Teddy Bear”, “Peppa Pig” and “Zdun”, as well as Bosch and Adidas.

Vera Zotova, an Associate in the Intellectual Property and Information Technology Practice, gave her comments to Delovoy Peterburg on the specific form of fraud when lawsuits are filed in the name of rightholders by companies that are not such rightholders.

Read the full article (in Russian)

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