Compensation for domain name cases
This chapter covers the compensation for domain name cases.
What affects on the sum of a compensation
Duration of illegal use of a domain name
Taking into account the duration of illegal use of the domain name, as well as the volume of sales of the products in connection with the use of the domain name, the judicial chamber finds that the plaintiff’s claim for recovery of compensation in the amount of 5 000 000 rubles are reasonable and subject to satisfaction.
Given the fact of being on the site ONEGAMED.RU (according to inspection protocol) offers and sales of omega apparatus, which, according to the plaintiff, is counterfeit, due to the lack of its supply to the relevant seller from the only producer (applicant), and also taking into account that the disputed website was registered by the respondent in 2009 and all the specified time was in force, the court finds no reason to reduct the compensation to the minimum amount of 10,000 rubles.
Volume of goods sold with use of a domain name
See the excerpt of the Decision of the Fifth arbitration court of appeal as of 19 October 2011 in case no. A51-5935/2011 above.
A defendant is an individual
Reducing the amount of compensation to the specified amount, the court takes into account that the defendant is an individual.
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