AM Law Firm recorded another legal victory, ensuring full protection of its client’s interests in the field of international trade and trademarks.Our client company, registered in the Russian Federation, found itself at the center of a legal dispute when an Armenian company filed a claim for damages in the amount of about 4 million AMD, alleging violation of the EAEU customs legislation. The court of first instance satisfied the claim.
Upon taking over the case, AM Law Firm’s senior legal advisor, advocate Kamelia Manukyan, conducted a comprehensive study of the legal situation and filed an appeal, which the court satisfied, remanding the case for a new trial.
During the new trial, the plaintiff again claimed that our client had imported medicines and medical supplies bearing a specific trademark in violation of the EAEU principles, violating the rights of the exclusive right holder.
AM’s lawyer fully substantiated that:
the goods were already in civil circulation as a result of legal transportation within the EAEU customs territory, the exclusive rights to the trademark were exhausted at the time of import, the client acted as a supplier and did not personally carry out the import.
The court accepted the presented arguments and concluded that the fact of causing damage was not proven by the plaintiff, as a result of which the claim was rejected completely.This decision is an important precedent for the legal regulation of trademarks and the protection of import processes in the EAEU territory.
