«Education» sued the company «Intelligence Center» of 40 million roubles for counterfeiting

© Fotolia / sebraСтатуэтка goddess of justice Themis. Archive photo«Education» sued the company «Intelligence Center» of 40 million roubles for counterfeiting© Fotolia / sebra

The intellectual property rights court on Tuesday upheld the decision of the ninth Arbitration court of appeal, which decided to withdraw from circulation counterfeit products, LLC «Intellect-Center» and to recover for the benefit of the publishing house «Enlightenment» 40.7 million rubles.

«The complaint (appeal) to refuse» — said on the website of the court following the hearing of the appeal, LLC «Intellect-Center».

«Education» was submitted in January 2017, the claim to the company «Intelligence-the Centre for illegal use of the trademark «GEF», which is confusingly similar to the trademark of the publisher.

In April 2017 the court of Arbitration of Moscow city adopted decision in favor of the publisher and decided to withdraw released products, as well as to recover from the «Intelligence Center» in favor of «Enlightenment» 72.8 million rubles. However, the ninth arbitration court of appeal in August last year reduced the claim amount to 40.7 million.

As stated in the press release of the publishing house «Prosveschenie», JSC «Publishing house «Education» on their own before 2008 developed a trademark represents a stylized image of a globe drawn with lines of blue and red, placed next to it that says «GEF», that meant and commitment of the publishing house of the Federal state industry standards with the release of their textbooks.

Awareness of the trademark gave it a graphical image of a stylized globe, invented and developed by the publishing house «Enlightenment» that made this trademark is recognizable and important in the market of educational products, said in a release.

«Some unscrupulous publishers without the consent of the publishing house «Enlightenment» is placed on the covers of their books the same sign or similar notation, to use the awareness and recognition of the textbooks «Education» to promote their own products. Such actions introduce consumer confusion against the manufacturer of goods, inflict reputational damage. In respect of such «publishers» will continue work on elimination of illegal activities and the spread of counterfeit products» — are the press release quotes the Director of external communications of the publishing house «Prosveschenie» Sergey Grigorenko.

In addition, on Tuesday, the ninth Arbitration court of appeal issued a decision which completely supports the stance of the publishing house «Enlightenment» in a dispute with the publishing house «Exam».

Previously, the Moscow Arbitration court fully satisfied the claim of the publishing house «Prosveshenie» publishing house «Exam» about protection of the infringed exclusive rights, decided to collect with «Exam» 63.4 million. The court found that the publishing house «Examination» was used on the covers of its books redesigned cover pages of textbooks of publishing house «Prosveschenie», is the owner of the exclusive right to these works of design.

Ninth Arbitration court of appeal upheld the decision of the Arbitration court of Moscow without change, and appeal «Publishing house «Exam» without satisfaction.

«The petition about leaving the claim without consideration and appointment of judicial examination to refuse. To prohibit the limited liability company «Publishing house «Exam» to use the work of design — the design of book covers, owned by JSC «Publishing house «Education», by processing and subsequent reproduction (replication), dissemination and making available to the public including on the Internet……To recover from the LLC «Publishing house «Exam» in favor of JSC «Publishing house «Education» 63.4 million of compensation», — stated in the decision of the court.

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