Dismissal of Rosgosstrakh claim to prohibit ex-subsidiary use of trademarks upheld
MOSCOW, April 30 (RAPSI) – Russia’s Intellectual Property Court (IP Court) has upheld a ruling of a commercial court dismissing a claim of insurer Rosgosstrakh, which sought to oblige its former subsidiary Rosgosstrakh-Meditsina (RGS-Meditsina) to stop the usage of nine trademarks, the court records read on Tuesday.
Yet in September 2018, the Moscow Commercial Court, as later the IP Court, also dismissed the claimant's demand to recover license payments amounting to 61.3 million rubles (about $9.4 million at the current exchange rate).
As established by the court, in 2017 the claimant and the respondent made an agreement permitting the latter to use Rosgosstrakh trademarks in Russia on paid basis. Although RGS-Meditsina had timely made the quarterly payments, Rosgosstrakh initiated a lawsuit citing alleged damage to its interests because of the payments being significantly below the respective market figures, whereas the agreement was alleged to be a result of an interested party deal.
The Moscow Commercial Court dismissed the claim saying the claimant had failed to substantiate the alleged damage and on a range of grounds refused to take into account the statements provided by the experts presented by the claimant.
Later, Rosgosstrakh failed to prove its case in cassation.