The Supreme Court of the Russian Federation published a definition dated April 24, 2025, which provides clarifications on what courts should take into account when determining the amount of compensation for infringement of exclusive rights to trademarks.
Irina Ozolina commented on the said definition, expressing the opinion that it itself raises, but does not resolve a number of important procedural issues regarding the allocation of the burden of proof.
The expert noted that nowadays the plaintiff's ability to prove the volume of goods sold has greatly improved, which makes it possible to shift the burden of proof back to the plaintiff by placing greater obligations on it and allowing the defendant not to present evidence against itself, but to prove the unfoundedness of the plaintiff's arguments by other means, and it is probably this message that was conveyed to the courts by the definition.
The full article and other commentary are available (in Russian) via the link.