End of e-bay shopping, Big Brother takes care of us
One company bought a second-hand PORSCHE CAYENNE S car for itself outside the borders of our homeland. They brought the typewriter to customs and then it started ... The
central excise customs appealed to the Moscow Arbitration Court with a statement to bring Genesis LLC to administrative responsibility under Art. 14.10 Administrative Code for the illegal use of a trademark.
By a decision of March 28, 2008, the arbitration court upheld the stated requirements, motivating its findings by the fact that the fact of the offense by the applicant was proved, confirmed by the case materials, and not substantively challenged by the defendant. The company was sentenced to a fine of 30 thousand rubles with confiscation of an item containing illegal reproduction of a trademark (PORSCHE CAYENNE S car of 2004, VIN WP1AB29P14LA76047).
As can be seen from the case materials, on October 28, 2007, through Vyborg Customs, in pursuance of the foreign trade contract for the sale of goods N 001/07 of 03/10/2007, invoice No. 05/07/07-RTXO13 for OOO Genesis was imported goods - a vehicle "PORSCHE CAYENNE S" VIN WP1AB29P14LA76047, and sent to the zone of activity of the Kuryanovsky customs post of the Central Customs Administration.
12/17/2007 at the Kuryanovsky customs post of the Central Excise Customs, the declarant and the recipient company Genesis LLC declared for customs clearance according to the Customs Declaration N 10009070/171207/0003120 the vehicle - PORSCHE CAYENNE S, VIN WP1AB29P14LA76047, 2004, invoiced value $ 14,170.65.
12/19/2007 Porsche Russland LLC applied to the Central Excise Customs with a statement about trademark infringement. According to this statement, Porsche Russland LLC is the owner of the exclusive license to use the PORSCHE trademark registered in the Federal Intellectual Property, Patents and Trademarks Service of the Russian Federation under the agreement between Porsche AG (Germany) and Porsche Russland LLC ". Porsche Russland LLC exercises its right to own an exclusive license by selling PORSCHE cars and related products through authorized dealers.
Accordingly, only Porsche Russland LLC has the right to use the PORSCHE and CAYENNE trademarks when they are sold and put into civil circulation on the territory of the Russian Federation.
These circumstances served as the basis for the applicant to appeal to the court with a statement about bringing LLC Genesis to administrative responsibility under Art. 14.10 Administrative Code of the Russian Federation.
The full version of all this action can be read here .
All this parsley means that now an official dealer in Russia can, if desired, bring any honest buyer of any branded item outside our homeland to responsibility for "trademark infringement." Here we live in such a fun country.
central excise customs appealed to the Moscow Arbitration Court with a statement to bring Genesis LLC to administrative responsibility under Art. 14.10 Administrative Code for the illegal use of a trademark.
By a decision of March 28, 2008, the arbitration court upheld the stated requirements, motivating its findings by the fact that the fact of the offense by the applicant was proved, confirmed by the case materials, and not substantively challenged by the defendant. The company was sentenced to a fine of 30 thousand rubles with confiscation of an item containing illegal reproduction of a trademark (PORSCHE CAYENNE S car of 2004, VIN WP1AB29P14LA76047).
As can be seen from the case materials, on October 28, 2007, through Vyborg Customs, in pursuance of the foreign trade contract for the sale of goods N 001/07 of 03/10/2007, invoice No. 05/07/07-RTXO13 for OOO Genesis was imported goods - a vehicle "PORSCHE CAYENNE S" VIN WP1AB29P14LA76047, and sent to the zone of activity of the Kuryanovsky customs post of the Central Customs Administration.
12/17/2007 at the Kuryanovsky customs post of the Central Excise Customs, the declarant and the recipient company Genesis LLC declared for customs clearance according to the Customs Declaration N 10009070/171207/0003120 the vehicle - PORSCHE CAYENNE S, VIN WP1AB29P14LA76047, 2004, invoiced value $ 14,170.65.
12/19/2007 Porsche Russland LLC applied to the Central Excise Customs with a statement about trademark infringement. According to this statement, Porsche Russland LLC is the owner of the exclusive license to use the PORSCHE trademark registered in the Federal Intellectual Property, Patents and Trademarks Service of the Russian Federation under the agreement between Porsche AG (Germany) and Porsche Russland LLC ". Porsche Russland LLC exercises its right to own an exclusive license by selling PORSCHE cars and related products through authorized dealers.
Accordingly, only Porsche Russland LLC has the right to use the PORSCHE and CAYENNE trademarks when they are sold and put into civil circulation on the territory of the Russian Federation.
These circumstances served as the basis for the applicant to appeal to the court with a statement about bringing LLC Genesis to administrative responsibility under Art. 14.10 Administrative Code of the Russian Federation.
The full version of all this action can be read here .
All this parsley means that now an official dealer in Russia can, if desired, bring any honest buyer of any branded item outside our homeland to responsibility for "trademark infringement." Here we live in such a fun country.