On July 03, 2025, the Supreme Court published Ruling No. 304-ES25-1782 in case No. A45-25305/2023, in which it indicated whether the use of someone else's trademark in the address bar of a website is considered the use of a designation for the individualization of goods.
The Supreme Court noted that when considering a dispute on the recovery of damages for the use of someone else's trademark on a website, it is necessary to determine whether this entails attracting customers.
The «Attorney’s Newspaper» asked a number of experts for a comment on the Supreme Court's ruling, including Irina Ozolina, Senior Partner of «A.Zalesov & Partners» Patent & Law Firm.
Irina noted that the Ruling touches upon a very important issue, which, judging by the judicial act, was not thoroughly examined by the courts of previous instances.
Since in this case, someone else's trademark was not used in the website's address lines specifically as a link to a specific product, such use, according to the lawyer, is not considered the use of a designation to individualize one's product and is a permitted use of a trademark for informational purposes. Irina also noted that since the Supreme Court sent the case for a reconsideration, it is too early to draw final conclusions. Nevertheless, the issue of using someone else's trademark for informational purposes does require attention.
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