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03.09.2018

The Russian IP Court upheld the ruling of court of appeal rendered in favor of «A.Zalesov & Partners» Patent & Law Firm’s Client, although the defendant pleaded for his improper notification by the first instance court. 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. However the court of appeal refused to reinstated the missed deadline and rejected the appeal. Having disagreed with the rendered ruling of the court of appeal the defendant filed a cassation appeal which was heard by the IP Court.

In the hearings regarding the cassation appeal of the defendant, our lawyers 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 A40-224389/17, the claimant was represented by the Senior Associate of «A.Zalesov & Partners» Patent & Law Firm Vladislav Ryabov.

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