The Russian pasta producer Makfa LLC filed claims against the VakMa Factory LLC and the individual entrepreneur Eldar Aslanov who produced and sold macaroni products under the VAKMA trademark. The plaintiff considered that this mark is confusingly similar to it own.
Makfa demanded to prohibit the defendants from using this designation, to destroy the products, and also to recover 10 thousand rubles ($137) from Aslanov, and 5 million rubles ($68.5 thousand) from VakMa compensation for illegal use of TM.
The Arbitration Court of the Republic of Tatarstan established that Aslanov is only a seller of products under the VAKMA trademark, and the VakMa Factory is a manufacturer.
Thus, the infringement of Makfa’s intellectual rights occurred in a few stages. Therefore, the court suggested that the plaintiff either give reasons for the joint liability of VakMa Factory and Aslanov, or clarify the claims against them. Makfa was unable to prove the consistency of the defendants’ actions and asked to bring each of them to individual responsibility.
On this basis, the court ruled to separate the claim against the VakMa Factory into a separate proceeding and submit it to the Arbitration Court of the Chuvash Republic (place of registration of the defendant).
In relation to businessman Aslanov, the court fully satisfied the claim and recovered 10 thousand rubles.