Bork international company with headquarters in Russia (German legal entity Bork Elektronik GmbH) proved in court that his juicers copy design company Zelmer - «daughter» German BSH. The verdict, which came into force, Zelmer deprived of the right to sell in Russia "non-original" juicer and must pay the plaintiff almost 8 million rubles.
- We will continue to monitor closely the appearance of the instrument, repeating our equipment and prevent attempts to copy it, - noted in the company Bork.
In 2005, the company launched on the Russian market juicer Bork S800. In 2008, the company has applied for a three-dimensional trademark, which is a graphical indication of the model. In 2008, the mark was registered. Now S800 cost in retail is about 30 thousand. Rubles. Zelmer Company in 2013 released the Russian market juicer JE 2000 - its retail price is now ranging from 6 thousand to 10 thousand rubles... In Bork thought that Zelmer JE 2000 appearance is very similar to a Bork S800.
The company Zelmer not promptly respond to a request of "Izvestia". The press service of Bork told thatWe tried out of court to resolve the conflict with Zelmer, but to no avail. So they went to court.
The plaintiff requested the ban of "Zelmer Rush" to use the trademark and recover from the defendant compensation for its unlawful use - in the amount of 7.9 million rubles (twice the customs value of the counterfeit goods). In February 2014 the Moscow Arbitration Court satisfied the claim of Bork. 9 Arbitration Court of Appeal in August reversed the decision. But on December 3, the Court of intellectual property rights confirmed the decision of first instance, and it entered into force.
This Zelmer lost the right to import rights in Russia Zelmer the JE 2000 model to sell this model store for the purpose of sale, etc.
According to the head of the legal department of the Coordination Center for TLD Internet Sergey Kopylov, in the decision, the court stated the name of the model for identifying graphic image. And if the defendant will be sold in Russia this model under a different name, it will be a repeat violation. According to Art. 315 of the Criminal Code ( "Failure to comply with a court judgment, deceniya court or other judicial "), it can turn to the responsible person by imprisonment up to 2 years.
Zelmer We still have the opportunity to defend the rights to sell in Russia juicer JE 2000. This is possible if you make the deregistration Bork trademark.
- Registered three-dimensional image juicer Bork, - explains the general director of the law firm "Zuikov and Partners" Sergei Zuikov. - The documentation attached description and juicer image in perspective view. To cancel the registration will need to prove that at the time of application on the market already attended similar juicer.
Parent company Zelmer - BSH (Bosch und Siemens Hausgeräte GmbH) - a joint venture between Robert Bosch GmbH and Siemens AG.
In world practice, patent disputes are not uncommon, and the amounts for some of them exceeds hundreds of millions of dollars. So, in 2014, a California jury ordered Samsung Korean corporation to pay $ 119.6 million to its main competitor - Apple. Samsung has violated two patents for technology used in smartphones. At the same time Apple also convicted over the counterthe suit and ordered to pay a Korean corporation $ 158 thousand.