MOSCOW, August 24 - RAPSI. The Supreme Commercial Court refused to uphold Bestwatch.ru Internet retailer's appeal to suspend the court ruling on the recovery of $94,380 for Swiss manufacturer Longines Watch Co., Francillon Ltd.
This is a record level of compensation in Russia for the violation of trademark rights by an unofficial importer.
Additionally, the applicant filed an appeal with the Supreme Commercial Court to reconsider the court ruling on the case.
The case materials state that Longines Watch filed a request with the St. Petersburg and Leningrad Region Commercial Court to prohibit Bestwatch.ru and Adeliya, Bestwatch.ru domain administrator, from selling Longines Watch branded goods in Russia without obtaining the company's prior consent. The plaintiff also sought to recover 5 million rubles ($157,305) from the first defendant and 100,000 rubles ($3,146) from the second.
During the proceedings, Longines Watch justified the level of compensation sought by the number of goods sold by the defendants and the price at which the watches were sold, as well as the length of the period during which the defendants committed the violations.
The court of first instance established that the defendants' sale of watches without the plaintiffs consent violate the Swiss company's trademark rights. It partially upheld the lawsuit, recovering three million rubles ($94,3800) from the first defendant and 100,000 rubles from the other.
Longines Watch is part of the Swatch group,established in the spring of 1983. Swatch is one of the largest watch manufacturers, controlling around 25 percent of the world market.