On November 02, 2024, the Supreme Court of the Russian Federation issued Ruling No. 305-ES24-9560 in case No. A41-68198/2021, having concluded in which cases the actions of a domain administrator might be recognized as an act of unfair competition in relation to the trademark owner.
The Advocate’s Newspaper asked few experts for comments on this ruling, in particular, Irina Ozolina, Senior Partner of «A.Zalesov & Partners» Patent & Law Firm.
According to the patent attorney and lawyer, the definition of the Supreme Court of the Russian Federation contains three important clarifications for judicial practice: the presence of an indication that unfair competition can be carried out not only by a competitor; detailed explanations are given about what constitutes a change in the subject and basis of the claim in accordance with Article 49 of the Arbitration Procedure Code; a step has been taken towards distinguishing between a truly abstract prohibition for the future and a prohibition on actions for the future in a situation of a real threat of trademark infringement.
Full text of the commentary (in Russian) is available here.