Appeals Court Affirms Ruling Against Transformers Trademark Infringer

26 October 2020

Sojuzpatent lawyers successfully defended the interests of Hasbro Inc. (USA) against an importer of counterfeit toys.

Counterfeit children's toys were discovered during a customs clearance at a customs post in Kaliningrad region and stopped by customs officials for additional inspection. The goods were marked with a designation confusingly similar to the TRANSFORMERS Decepticon trademark owned by Hasbro. Sojuzpatent lawyers filed a petition in the interests of Hasbro Inc. to bring the infringer to administrative liability for importing counterfeit goods. Customs arrested the goods, initiated an administrative case and filed a lawsuit in the Kaliningrad Region Arbitration Court.

Having considered the case, the court satisfied the claims, brought the importer of the counterfeit goods to administrative liability under part 1 of Article 14.10 of the Russian Administrative Offenses Code with the confiscation and destruction of the infringing goods.  

The importer did not agree with the court’s decision and filed an appeal stating that the designations are not similar and the imported goods should be released on the market. After consideration of the appeal materials and arguments prepared by the Customs and Sojuzpatent lawyers, the Arbitration court of Appeal upheld the lower court’s decision and refused to satisfy the importer’s appeal.