The arbitration court of Moscow the decision about attraction to administrative responsibility of the Moscow firm on the fact of illegal use of the trademark “Tarpaulin” (“Tarpaulin”). The decision entered into force.
The smuggling of counterfeit products were identified by officials of the Smolensk customs. More than 15 tons of multilayer plastic film imported from Vietnam in one of the Moscow firms as raw materials for the production of winterized tents. The Declaration of the film was submitted for Smolensk customs post (the electronic Declaration center) in may 2019 in accordance with the declared customs procedure of release for domestic consumption. The results of the customs inspection it was found that on the rolls of film had the designation of “Tarpaulin” (“Tarpaulin”) similar to the trademark of “Tarpaulin” (“Tarpaulin”).
In accordance with the trademark database of Rospatent trademark “Tarpaulin” (“Tarpaulin”) registered in the territory of the Russian Federation and given legal protection. Its owner is ZAO “Plasteks”.
Documents confirming the legality of the use of the trademark, was absent. Customs officials put on notice of the copyright holder.
He further stated the violation of their exclusive rights because it does not give permission nor the manufacturer of the goods, neither the sender nor any other person in Vietnam to use the trademark “Tarpaulin” (“Tarpaulin”) in any way, a license agreement for the right to use the trademark with the company-the importer was not.
The copyright holder has indicated that the imported product is counterfeit. It in appearance and quality does not match original, as well as the label on it.
For illegal use of a trademark in Smolensk customs in respect of the company initiated a case on an administrative offense under part 1 of article 14.10 of the administrative code. The long trial of the case ended in Arbitration court of Moscow. The court supported the position of the Smolensk customs, finding the firm guilty and imposed a fine in the amount of 50 thousand rubles.
Vladimir Safonov,
press Secretary of the Smolensk customs