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Another attempt to "re-capture" domain failed miserably

In November 2006, the Center for Advanced Technologies LLC, registered the trademarks ELEC and ELEC.RU, which are similar to the company name Elec.ru LLC and its domain name www.elec.ru. These trademarks have been registered for the purpose of “re-capturing” the domain and obtaining financial benefits.

From the statement of claim



The Arbitration Court of the Pskov Region submitted a statement of claim from Center of Advanced Technologies LLC (Claimant) against Elek.ru LLC (Respondent) with claims:

  1. Recognize the administration by the Defendant of the domain name elec.ru in the Russian segment of the Internet as a violation of the rights of the Claimant to the trademarks “Elec.ru” and “Elec”.

    Forbid the Respondent to use the “Elec” designation, which is similar to the Claimant’s trademarks on the Internet, including in the domain name.

    To recover from the Respondent in favor of the Claimant monetary compensation in the amount of 100 000 rubles as compensation provided for by the Law of the Russian Federation "On Trademarks, Service Marks and Appellations of Origin".

    To recover from the Respondent state duty on this claim in the amount of 7 500 rubles.

    To recover from the Respondent the payment of services representative in the amount of 30 000 rubles.



    In the course of the case, the Claimant increased the claims to 5,000,000 rubles.



    From the court decision





    On November 21, 2007, in the Arbitration Court of the Pskov Region, a hearing was held on the suit of LLC Center for Advanced Technologies to LLC Elek.ru:
    • on recognition of violation of the rights to the trademarks "ELEC" and "ELEC.RU";

      on the prohibition of using the “ELEC” designation on the Internet;

      for the recovery of compensation in the amount of 5 000 000 rubles and 70 000 rubles of expenses for the payment of services representative.

      ')



      Pursuant to Articles 110, 167-170, 176 of the APC RF, the arbitral tribunal decided:

      1. Deny the claim.

        To recover from the limited liability company "Center for Advanced Technologies" in favor of the limited liability company "Elek.ru" 100 000 rubles of expenses for the payment of services of the representative.

        Issue a writ of execution.





        The LLC Elek.ru company filed with the Chamber on Patent Disputes against the registration of the trademarks ELEC and ELEC.RU in the name of the company Center of Advanced Technologies.



        On December 3, 2007, during the consideration of objections, the board made the following decision: To satisfy objections, to terminate the legal protection of ELEC and ELEC.RU trademarks in class 35 - advertising, including on the Internet in the electrical industry; interactive advertising in a computer network in the electrical industry; creation and maintenance of automated databases in the electrical industry.



        I would also like to note that on the side of the “invaders” (the Party of the Claimant), Anton Sergo, known for his rejection of the reverse seizures.

Source: https://habr.com/ru/post/17385/



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