Arbitration court sided with Apple in the case of unlawful use of trademarks. Ninth Arbitration Appeal Court has leaved unchanged the decision to recover 1.7 million rubles from the four companies in favor of Apple's unlawful use of trademarks.
The question is LLC “Profit”, LLC "Elektrotechprom", LLC "Argo", LLC "Madzhesta Plus," controlled by turn the online store apl-msk.ru where infringing goods were sold. Apple recovered 15.5 million rubles from companies for the use of trademarks Apple, iPhone and iPad in the name of an online store on the site while realization of infringing goods.
The plaintiff brought into the court Apple expert testimony according to which the quality of smartphones purchased in the online store does not correspond to the original smartphone Apple. The representative of the defendants did not acknowledge a claim and told the court that the refund which was requested by the plaintiff is disproportionate to the violation and that the violation has not been proved.
As a result, the court reduced sum of recovery from each of the companies.