The end of e-bay shopping, the “big brother” takes care of us
One company bought itself a second-hand machine “PORSCHE CAYENNE S” outside our country. They brought the machine to the customs and then suffered ...
The Central Excise Customs filed a claim with the Arbitration Court of the city of Moscow about bringing OOO Genesis to administrative responsibility under Art. 14.10 of the Administrative Code for the illegal use of a trademark.
By a decision of March 28, 2008, the arbitral tribunal satisfied the stated requirements, explaining its findings by the fact that the applicant had proved the fact of the offense, was confirmed by the case materials, and was not contested by the respondent. The company was punished with a fine in the amount of 30 thousand rubles with confiscation of the object containing the illegal reproduction of the trademark (PORSCHE CAYENNE S, produced in 2004, VIN WP1AB29P14LA76047).
As seen from the materials of the case, on October 28, 2007, through Vyborg customs, in pursuance of the foreign trade contract for the sale and purchase of goods No. 001/07 dated March 10, 2007, invoice No. 05/07/07-RTXO13 imported goods - vehicles into the invoice N 05/07/07-RTXO13. "PORSCHE CAYENNE S" VIN WP1AB29P14LA76047, and sent to the area of activity Kuryanovskogo customs post TSAT.
On December 17, 2007, at the Kuryanovsk customs post of the Central Excise Customs, the declarant and the recipient company Genesis LLC stated for customs clearance under GTD N 10009070/171207/0003120 vehicle - PORSCHE CAYENNE S, VIN WP1AB29P14LA76047, 2004 issue, invoice $ 14,170.65.
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On December 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 an exclusive license to use the PORSCHE trademark in the Russian Federation, registered by the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation under the agreement between Porsche AG (Germany) and Porsche Russland LLC ". Porsche Russland LLC realizes its right to be an owner with an exclusive license, through the sale of PORSCHE cars and related products, through authorized dealers.
Accordingly, only Porsche Russland LLC has the right to use the PORSCHE and CAYENNE trademarks in their sale and their introduction into civilian circulation in the territory of the Russian Federation.
These circumstances served as the basis for the applicant's application to the court with a statement about bringing OOO Genesis to administrative responsibility under Art. 14.10 of the Administrative Code.
The full version of this whole action can be read here .
All this parsley means that now of.diller in Russia can, if desired, attract any honest buyer of any brand item beyond the borders of our homeland to answer for “trademark infringement”. Here in such a fun country we live.
The Central Excise Customs filed a claim with the Arbitration Court of the city of Moscow about bringing OOO Genesis to administrative responsibility under Art. 14.10 of the Administrative Code for the illegal use of a trademark.
By a decision of March 28, 2008, the arbitral tribunal satisfied the stated requirements, explaining its findings by the fact that the applicant had proved the fact of the offense, was confirmed by the case materials, and was not contested by the respondent. The company was punished with a fine in the amount of 30 thousand rubles with confiscation of the object containing the illegal reproduction of the trademark (PORSCHE CAYENNE S, produced in 2004, VIN WP1AB29P14LA76047).
As seen from the materials of the case, on October 28, 2007, through Vyborg customs, in pursuance of the foreign trade contract for the sale and purchase of goods No. 001/07 dated March 10, 2007, invoice No. 05/07/07-RTXO13 imported goods - vehicles into the invoice N 05/07/07-RTXO13. "PORSCHE CAYENNE S" VIN WP1AB29P14LA76047, and sent to the area of activity Kuryanovskogo customs post TSAT.
On December 17, 2007, at the Kuryanovsk customs post of the Central Excise Customs, the declarant and the recipient company Genesis LLC stated for customs clearance under GTD N 10009070/171207/0003120 vehicle - PORSCHE CAYENNE S, VIN WP1AB29P14LA76047, 2004 issue, invoice $ 14,170.65.
')
On December 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 an exclusive license to use the PORSCHE trademark in the Russian Federation, registered by the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation under the agreement between Porsche AG (Germany) and Porsche Russland LLC ". Porsche Russland LLC realizes its right to be an owner with an exclusive license, through the sale of PORSCHE cars and related products, through authorized dealers.
Accordingly, only Porsche Russland LLC has the right to use the PORSCHE and CAYENNE trademarks in their sale and their introduction into civilian circulation in the territory of the Russian Federation.
These circumstances served as the basis for the applicant's application to the court with a statement about bringing OOO Genesis to administrative responsibility under Art. 14.10 of the Administrative Code.
The full version of this whole action can be read here .
All this parsley means that now of.diller in Russia can, if desired, attract any honest buyer of any brand item beyond the borders of our homeland to answer for “trademark infringement”. Here in such a fun country we live.
Source: https://habr.com/ru/post/29023/
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