The Belgian company Duracell has won a lawsuit against a man in Daghestan for selling batteries using its trademarks.
In its statement of claim, Duracell indicated that it had become aware that Ruslan Abdullaev, an individual entrepreneur from the Kizlyar District, was selling batteries with Duracell branding through the store Electromir on the marketplace Ozon.
According to the Russian civil code, a copyright holder is entitled to demand compensation from ₽10,000–₽5 million ($120-$60,000) for copyright infringement, or double the value of the goods on which the trademark is unlawfully placed, or double the value of the right to use the trademark, calculated based on the price usually charged for lawful use of the trademark under comparable circumstances.
Duracell stated that the Abdullaev had sold goods worth at least ₽183 million ($2.2 million) with its branding, far exceeding the amount of compensation claimed. The company calculated the quantity and value of the goods sold based on customer reviews on the website and estimates of damage caused by the illegal use of the trademark. Duracell assessed its losses from Abdullaev’s actions at ₽1.5 million ($18,000).
The company requested compensation of ₽500,000 ($6,000). The court partially upheld the claim but reduced the compensation to ₽175,000 ($2,000), at ₽25,000 ($300) for each of Duracell’s seven trademarks. Abdullaev still has the option to challenge the decision.
Court documents indicate that Duracell sent Abdullaev a pre-trial claim demanding that he cease using the disputed trademarks and pay compensation. As no response was received, the case was taken to the Arbitration Court of Daghestan, which considered the claim in early September.
As of the time of publication, it is not known whether Abdullaev has contested the decision or intends to do so.
Abdullaev registered as an individual entrepreneur in 2021. According to publicly available information, his business activities are listed solely as retail trade by mail or via information and communication networks.
Elizaveta Chukharova
