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Recovery of compensation for illegal use of a trademark

If you receive a claim to pay a compensation for illegal use of a trademark, you should not hurry to express your unconditional consent and pay a sum claimed. It is necessary to make the situation clear and try to defend your position in a court.

In a case where you are sure that you have not infringed the exclusive rights to a trademark of another person, or if you are not agree with the amount of compensation claimed by the right holder, it is reasonable to refer to specialists in the field of patent law in order to have your interests protected in a court.

Compensation for illegal use of a trademark may be avoided:

if the plaintiff's arguments that

  • the rights to a trademark are exhausted;
  • products of your company bear signs or inscriptions that are not identical, but are rather confusingly similar to the trademark registered by the plaintiff with Rospatent;
  • as well as based on other facts

are disproved in court proceedings.

In certain cases, in order to prove some or other circumstances, it may be necessary to carry out examination for the purpose of determining whether signs or inscriptions on said products are confusingly similar to the trademark.

In any case, the selection of a legal defence policy in any contractual dispute is fully individual, depends on circumstances of the case and should be developed by an experienced practitioner with due regard to many nuances of settling such disputes. Forming an evidence base, preparing a list of questions for an expert, preparing an opinion on a statement of claim all require peculiar, highly specialized knowledge.

However, the court practices relating to similar cases show that skilful conduct of a defence policy in most cases helps reduce an amount of compensation or achieve full revocation of claims.