Defense of the Rights Holder's Interests in a Dispute Over the Validity of a Commercial Concession Agreement.

Our client, a large network of children's swimming studios, is the rights holder of a trademark. The client enters into commercial concession agreements with users and also assists individual entrepreneurs in starting a business by transferring the right to use the trademark, know-how, and production secrets.

An individual entrepreneur, a user of the trademark, filed a lawsuit against our client demanding the declaration of the commercial concession agreement as void and compensation for losses. Our company's lawyers represented the client's interests in the arbitration court. We successfully proved to the court that there was no causal link between the claimed damages and our client's conduct. Additionally, we developed a position according to which we noted the correct application of norms applied to license agreements to the commercial concession agreement, pointed out to the court that the plaintiff's arguments did not correspond to the stated demands, and that the plaintiff chose an incorrect method of protecting their interests.

In three instances, the court sided with our client.