Forbes magazine sued the right to address forbes.ru and now can get the greatest compensation for breach of trademark rights on the Internet for the entire judicial practice in Russia.
Moscow Arbitration Court on Dec. 29 ruled on the suit of Russian publishers of the magazine - ID Axel Springer Russia and Forbes Media LLC, under which the travel company Landmark VIP service is required to pay them compensation for the unlawful use of a trademark in a domain name, said the report publishing home. If the decision is not appealed, the payment will be 300 thousand dollars (about 8 million rubles at the current rate CBR).
Agency for several years used the domain forbes.ru to move New Year cruises to Antarctica, pointing to the site that the English naturalist and professor of physics James David Forbes became famous for research on the formation of glaciers.
“We called forbes used without malice, - said director general of Landmark VIP Service Yuri Galustov. - Journal immediately filed suit, though we could give the domain and so. Maybe asked to only compensate for costs incurred to support the site” . The decision on the appeal is pending, he said.
suit against Landmark VIP Service “was filed in August, and fall Forbes suggested that the agency to resolve the conflict without compensation, but was refused, according to chief editor forbesrussia.ru Gregory Punane.
Forbes Russia have a long time there was no Internet version of the journal forbesrussia.ru own website was launched only in November 2009 after the decision enters into legal force, the publisher plans to translate the site into forbes.ru.
Partner law firm Salans Victor Naumov was surprised by the amount of compensation: “For cases of domain names 8 million rubles. - a lot.” It is the largest award in the practice of Russian courts in this category of cases, according to a law firm partner, “Ivanov, Makarov & Partners Alexei Ivanov, who represented the interests of the plaintiffs. According to him, before the largest compensation for violation of trademark rights in a domain name - 720 thousand rubles - was in June labcfst year, the German manufacturer of products for repair bauMax AG.
According to lawyers, it is likely that the amount of compensation in the case of Forbes to appeal the decision will be changed - both because of its size and because of the possible revaluation of the evidence.
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