On 23 September 2004, the Arbitration Court of the City of Moscow ruled on the matter of the claim filed by the company Kolop Stempelerzeugung Skopek GmbH and Co. KG, AT against CJSC “Trodat- S.N.G.”, LLC “Trodat XXI” and LLC “MaxStamp” regarding violatio

On 23 September 2004, the Arbitration Court of the City of Moscow ruled on the matter of the claim filed by the company Kolop Stempelerzeugung Skopek GmbH and Co. KG, AT against CJSC “Trodat- S.N.G.”, LLC “Trodat XXI” and LLC “MaxStamp” regarding violation of a patent. The case is of interest in the sphere of protection of intellectual property rights.

The Claimant received RF patent № 41872 for the commercial sample of a “Self-coloring stamp” on 29 July 1995, that is effective up to the present time. On the basis of the indicated patent, the holder of rights engaged in the production of self-coloring stamps, their supply on to the territory of the RF and their realization.

The Claimant had reason to believe that, in violation of the norms of RF Patent law that proscribes the use of a commercial sample without the consent of the patent holder, LLC “Trodat XXI” supplied on the territory of the RF, LLC “MaxStamp” offered for sale, and CJSC “Trodat S.N.G.” carried out sales of goods with all the characteristics of the patented commercial sample under the trademark “MaxStamp.” Patent attorney I.A. Veselitskaya, acting together with the attorneys of the law firm “YUST”, filed a claim on behalf of the patent holder with the Arbitration Court of the City of Moscow, calling for a prohibition on the violation of the rights of the patent holder, forbidding the Respondents the delivery, advertising and sale of the goods in question on the territory of the RF, and equally a prohibition on the introduction of the goods with all the characteristics of the patented commercial sample “Self-coloring stamp” into the economic turnover in any form whatsoever.

In response to a motion filed by the Respondents, the court appointed a forensic-technical expertise. The resulting expert opinion indicated that the Respondents’ production bore all the substantial characteristics of the commercial sample “Self-coloring stamp” patented under № 41872.

On the basis of the expert opinion and evidence presented, the Arbitration Court of the City of Moscow concluded that the Respondents were in violation of the rights of the patent holder, and bound them to cease such violation.