Apple won a lawsuit on domains belonging to the Russian online store

Photo: Gleb Shchelkunov / Kommersant

Apple won a lawsuit with a Russian online retailer who used the Apple trademark without permission from the copyright holder. The other day the Moscow Arbitration Court approved the 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. These domains are redirected to the online store apl-msk.ru, which implements the technology from Apple.

The corporation filed a lawsuit against Ivan Nemkin, accusing the entrepreneur of violating the rights to the apple trademark in the domains. In this case, the company planned to recover from the defendant 1 million rubles. After the trial, an amicable agreement followed, which provides for Apple’s refusal from the requirement to recover the specified amount, and the respondent’s consent to transfer the domains to the claimant for free.

"The defendant has already signed an agreement on the transfer of domains, it is sent to the Ru-Center," said an Apple representative.
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In addition, on September 2 Apple will also consider the claim against Profit LLC, Electrotechprom LLC, Argo LLC, Madzhesta Plus LLC. For the past few years, these companies have alternately owned the apl-msk.ru store. The corporation requires to recover from the defendants 15.5 million rubles. for the use of commodity Apple, iPhone and iPad in the name of an online store, on the site, when selling counterfeit goods, on cash receipts when selling products.

It is worth noting that the word "apple" is now used by 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 claim for counterfeit trade. “It is noteworthy that Apple is not trying to impose counterfeit trade in them, but only defending its rights to trademarks. It is more difficult to prove trade in counterfeit goods, it is necessary to order third-party expertise - the case in this case could drag on. In disputes about the infringement of rights to a trademark, everything is, as a rule, quite obvious, ”Vladimir Pleshakov, managing partner of the law office Pleshakov, Ushkalov and Partners, commented on the situation.