The Federal Arbitration Court of the Moscow District ruled in favor of Sojuzpatent’s client BAUSCH & LOMB INCORPORATED (USA) (Plaintiff). By the mentioned Ruling the Court dismissed the appeal of Ltd. “Fitora” and Ltd. “Inat-Pharma” (Defendants) and affirmed
the Resolution of the Appeal Arbitration Court for Ninth Circuit as of December 7, 2010. By this Resolution of December 7, 2010 the Appeal Arbitration Court for Ninth Circuit satisfied the appeal of BAUSCH & LOMB INCORPORATED and ruled:
- to forbid the Defendants to use designations «ОКОВИТ» и «OKOvit» which are similar to a degree of confusion with the Plaintiff’s trademark «OCUVITE» (registration certificate RF 174991);
- to collect in favor of BAUSCH & LOMB INCORPORATED compensation for the infringement of the exclusive rights for the trademark in the amount of 100 000,00 rubles;
- to withdraw from the turnover and to destroy the packages of the goods marked by designations «ОКОВИТ» and «OKOvit».