After purchasing the domain matras.ru its administrator registered the trademarks “matras.ru” and “matrasru.” Based on this he made claims against internet sellers competing with him in the market. A shop on the domain “omatras.ru” was one of these. Some sellers freely ceded their domains to him, but the case of “omatras.ru” was taken to court. The owner of the registered domain demanded the transfer of the “omatras” domain plus reimbursement of 300,000 rubles. After reviewing the case the court rejected the claim.
As Anton Sergo (“Internet and Law”), who represented the defendant, explained, his client’s position was primarily based on the bona fide use of the domain name, the unoriginal character of the word “mattress” in the context of legal protections and the fact that the domain “omatras.ru” was registered long before the competitor’s registration of trademarks. This argument largely coincides with the precedent set forth in Resolution № 5560/08 of November 11, 2008 of the Supreme Commercial Court of the Russian Federation.
To enhance his position the defendant registered a trademark relevant to the domain.
