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14 May 2018 Bryan Cave Leighton Paisner (Russia) LLP Has Defended Prosveshcheniye Publishers in a Major Book Industry Case Against Ventana-Graf

Bryan Cave Leighton Paisner (Russia) LLP has won a first instance court case acting for Prosveshcheniye Publishing House against another major Russian publisher, Ventana-Graf (member of the Russian Textbook Corporation) and managed to recover what is quite hefty compensation for Russian judicial practice: over RUB 3.7 bn for breach of trade mark rights. 

The court ruled that about 600 types of Ventana-Graf print publication bearing a logo confusingly similar to the Client’s trade mark were infringing products and must be withdrawn from the market and destroyed at the expense of the infringer, i.e., Ventana-Graf.

Prosveshcheniye Publishing House was represented by Elena Trusova, Dispute Resolution and IP Partner, and Senior Associate Anton Nefedev.

Elena Trusova and Anton Nefedev believe this case to be indicative of the IP protection state of affairs as it demonstrates that the Russian legal system is prepared to protect intellectual assets of rightholders. The symbol used by Ventana-Graf is obviously similar to the Prosveshcheniye trade mark. This was confirmed, among other arguments, by an opinion survey conducted by VCIOM (All-Russia Public Opinion Research Centre) at the request of Prosveshcheniye, which demonstrated that 80% of consumers confuse the two marks. For quite a long time, the defendant had published products bearing a logo that, as it admitted before the court, was a modification of the claimant’s trade mark. This means the defendant was fully aware it might potentially be punished to the fullest extent of the law for the infringement.


  Prosveshcheniye trade mark   Ventana-Graf sign  
   


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