The Client contacted IPSTYLE with a request to cease the illegal sale of medicines, marked with a sign similar to the Client's trademark.
To this end, we tried to resolve the dispute pre-trial procedure by sending the infringer a cease and desist letter.
Having failed to get the desired result, IPSTYLE attorneys made a control purchase of the counterfeit goods, conducted a detailed research of the identity of the infringer and the specifics of the infringement, collected the necessary evidence, formed a defense strategy, and then filed a lawsuit.
During the trial, the opponent returned to negotiations, as a result of which the parties reached a settlement agreement. Under the agreement, the opponent ceases any use of the mark similar to the client's TM and destroys all counterfeit goods. The client, in turn, agrees on a new naming of the medicines for further use by the opponent, which will not infringe the client's rights. As a result, the settlement agreement was approved by the court and is already being implemented by the parties.
This case demonstrates the importance of pre-trial dispute resolution and negotiations between the parties at any stage: both before going to court and during the trial.
We are pleased to have resolved the dispute through an amicable agreement, which saved the client time and financial resources to achieve the desired result.
