The Ninth Arbitration Appeal Court granted the application of "Euroimp" LLC to recover 540 000 USD as a compensation for illegal use of the "Bergland" trademark from "Metro Cash and Carry" company.
"Euroimp" LLC, the right holder of "Bergland" brand, registered for "clothing, footwear and headgear", previously filed a claim for compensation from the respondent in an amount of about 753 000 EUR. The ground was the discovery by the plaintiff in the Metro Сash & Сarry shopping center of two leather jackets of 230 USD value, illegally marked with "Bergland" brand. Eventually the amount of the claim was increased to 540 000 USD.
The Supreme Arbitration Court stated that the right holder of a trademark may determine the compensation to be paid in violation of exclusive rights as based on the value of infringing goods, specified in the contract and on the basis of the value of the goods indicated in the customs declaration in the case of smuggling of infringing goods on the territory of Russia. The representative of Metro Сash & Сarry called the company-plaintiff "classic troll" because it produces nothing and is only concerned with the fact that sues the respondent company, basing its claim on a single enclosed supply contract.