# How Trademarks on Everyday Phrases Become Weapons in the Hands of Patent Trolls: Case Study
A company registered everyday phrases as trademarks with Rospatent and demanded 16 million rubles from a competitor. We break down the legal mechanisms that "patent trolls" rely on and how to protect your business from such lawsuits.
Mechanics of Registering "Dictionary" Trademarks
Russian trademark registration practices allow securing even commonly used phrases as long as formal criteria are met. The case of "Podarki Optom" shows how, in 2021, there was a systematic shift from manufacturing to monetizing intellectual property. The key turning point was registering the word marks "Queens Are Born," "There's More Philosophy Here Than in Books," and "For the Sparkle in Your Eyes" in class 21 (tableware).
It's important to understand: Rospatent does not assess the "dictionary-like" nature of a phrase during registration. According to Clause 4 of Article 1482 of the Civil Code of the Russian Federation, refusal is possible only if the designation:
- is used for goods of the corresponding type
- lacks distinctiveness
- contradicts public interests
Registering purely word marks (rather than combined ones with graphic design) provides maximum protection—prohibiting the use of the phrase in any font or color scheme. This is critically important for IT companies whose products often feature textual interface elements.
Analysis of the Court Ruling: Why the Court Sided with the Plaintiff
Court case No. A48-7783/2023 established five key legal principles relevant to software developers and digital products:
- Formal Priority Over Semantic Content
The court refused to consider arguments about the "common usage" of the phrases. An active registration with Rospatent automatically creates a presumption of validity. Annulment of the mark is possible only through the Chamber for Patent Disputes—a separate process unrelated to infringement claims.
- Protection of Compositional Designs
Even when using standard graphic elements (crown, four-line layout), the court recognized the design as a result of creative effort. For IT developers, this means risks when copying interface structures or element placements.
- "Patent Troll" Criterion
The court confirmed: producing your own goods (selling 50,000+ glasses) excludes troll status. In the digital space, the equivalent is having a commercial product using the disputed element.
- Business Scale Does Not Affect Liability
The small size of the infringer (LLC "Podarki Tam") did not mitigate the consequences. For startups, this is critical: even small projects can become targets for lawsuits.
- Compensation Calculation
The court reduced the amount from double (16 million) to single counterfeit value (7.9 million) but upheld the calculation methodology. In the IT space, the equivalent is assessing damages based on license fees or market share.
How to Avoid Risks: Recommendations for IT Businesses
Patent trolls are aggressively targeting the digital market, exploiting gaps in law enforcement. Here are proven protection strategies:
- Conduct Clearance Searches Before Product Launch
Check not only Rospatent databases but also court precedents. The File of Arbitration Cases system shows which companies are actively filing lawsuits ("Podarki Optom" has 200+ applications in queue).
- Document Authorship of Design Elements
Keep drafts, designer correspondence, Figma versions. In case No. A48-7783/2023, the court considered creation dates of layouts as proof of origin.
- Register Interface Elements Comprehensively
File applications for:
• Trademark (for key phrases)
• Industrial design (for composition)
• Copyright (for layouts)
- Monitor Threats in Real Time
Use services like IP Monitor to track new applications in classes relevant to your product (e.g., class 9 for software).
Key Points
- Registration ≠ Automatic Legitimacy. Rospatent checks formal requirements but not semantic uniqueness of phrases. Disputes are resolved in courts.
- Compensation Is Rising. From 2026, the maximum penalty for trademark infringement will be 10 million rubles, but case law shows exceedances via lost profits calculations.
- Technical Details Determine Outcomes. In the digital space, screenshots with dates, commit hashes, file metadata—they replace "paper" evidence.
- Passivity Is Dangerous. Even with rights in hand, you must actively defend them in court. Missing the statute of limitations (2 years) leads to loss of compensation.
- Global Trend. Similar cases are recorded in the EU and USA, but in Russia, the mechanism works faster due to simplified registration procedures.
For IT teams, the key takeaway: intellectual property requires systematic management. An in-house IP lawyer or outsourcing to a specialized firm (e.g., "Region Patent") will save tens of millions of rubles by preventing lawsuits. Remember: in the era of digital products, every line of code, interface text, or icon can become a point of contention—prepare in advance.
— Editorial Team
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