Apple wins litigation over domains owned by Russian online store


    Photo: Gleb Shchelkunov / Kommersant

    Apple Inc. has won a lawsuit with a Russian online retailer who used the Apple trademark without permission from the copyright holder. The other day, the Moscow City Arbitration Court approved a settlement agreement between Apple Inc. and Ivan Nemkin, writes Kommersant. Nemkin is the administrator of the domains apl-msk.ru, apples-msk.ru, apple-msk.ru, apple.msk.ru, applemsk.ru, apples.msk.ru, applesmsk.ru. From these domains there is a redirect to the apl-msk.ru online store, which implements Apple technology.

    The corporation filed a lawsuit against Ivan Nemkin, accusing the entrepreneur of violating the rights to the apple trademark in the domains. Moreover, the company planned to recover from the defendant 1 million rubles. After the trial, an amicable agreement ensued, which provided for Apple's refusal to claim the specified amount, and the defendant’s consent to transfer the domains to the plaintiff free of charge.

    “The defendant has already signed a domain transfer agreement, it has been forwarded to Ru-Center,” said an Apple spokesman.

    In addition, on September 2, the Apple claim against Profit LLC, Electrotechprom LLC, Argo LLC, Majesta Plus LLC will also be considered. Over the past few years, these companies have alternately owned the apl-msk.ru store. The corporation demands to recover 15.5 million rubles from the defendants. for the use of commodity Apple, iPhone and iPad in the name of the online store, on the pages of the site, when selling counterfeit goods, on cash registers when selling products.

    It is worth noting that the word "apple" now uses more than 400 Russian online stores. However, most of them trade in goods that were imported without paying customs duties.

    As for Apple Inc., the corporation will not file a lawsuit regarding the sale of counterfeit goods. “It is noteworthy that Apple is not trying to impute counterfeit trade, but only defends its trademark rights. It is more difficult to prove counterfeit trade, it is necessary to order third-party examination - the case in this case could be delayed. In disputes about violation of trademark rights, everything is usually quite obvious, ”Vladimir Pleshakov, managing partner of the Pleshakov, Ushkalov & Partners Law Office, commented on the situation.

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