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Tengrinews.kz - The company owning the registered trademarks Zara and OYSHO in Kazakhstan has filed a lawsuit against an entrepreneur who was selling clothing under these brands.
"The company holds registered trademarks for Zara and OYSHO in Kazakhstan. Upon discovering the unauthorized use of these trademarks by an individual entrepreneur, the company filed a lawsuit seeking compensation for the infringement of its rights," the press office of the Supreme Court reported.
In court, the entrepreneur explained that he purchased the clothing at a price below wholesale, paid in cash, and then displayed the items in his store. He claimed he was unaware that a license and permission were required to sell brand analogues.
Company representatives and the Department of Justice seized 117 items from the boutique, unlawfully marked with the company's trademarks, valued at over 2 million tenge.
The administrative court found the entrepreneur guilty of the illegal use of a trademark and fined him 100,000 tenge.
Additionally, the individual entrepreneur was ordered to pay 2 million tenge in compensation for the violation of the company's rights.
The court reminded that the entrepreneur is not only prohibited from selling goods under a trademark registered to another legal entity without the rights holder's permission but also from advertising them on social media. As a result, the court ordered the businessman to remove posts about the sale of Zara and OYSHO clothing.
The entrepreneur attempted to appeal the decision in in the court of the next instance but even there he was defeated. Consequently, the ruling has come into force.
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