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22.05.2018

The Ninth Arbitration Court of Appeal upheld the first instance court's decision rendered in favor of «A.Zalesov & Partners» Patent & Law Firm’s Client, although the defendant pleaded for his improper notification by the first instance. Previously our associates represented interests of the claimant «Arthrex» Inc. in a trademark infringement action. Moscow City Arbitration Court ruled in favor of our Client and forced the defendant to stop use trademarks «arthrex» of our Client in a domain name arthrex.ru and to pay monetary compensation. The defendant filed an appeal against the decision of the Moscow City Arbitration Court asking to reinstate the term for filing the appeal. The defendant claimed that he was not served properly since he received neither a copy of claim nor court's rulings. In the hearings regarding the issue, whether to accept or to reject the motion to reinstate the term for an appeal, our associates managed to prove that the defendant misbehaved, since he was duly notified about the court case under applicable laws and court practice. The court case number is F40-224389/17, the claimant was represented by the associate of «A.Zalesov & Partners» Vladislav Ryabov.

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