Head of Dispute Resolution at Jingsh Russia Denis Aulov provided comments to Vedomosti for its article “De Longhi Seeks to Identify Sellers Illegally Trading in Branded Products”.
The article examines a dispute between Italian household appliance manufacturer De Longhi and Avito. The rights holder is seeking disclosure of information about sellers that, in its view, may be unlawfully offering De Longhi products through the online platform.
Denis Aulov noted that Russian court practice permits foreign rights holders to enforce their rights in relation to goods offered through online platforms, including Avito. At the same time, the platform’s position that users’ personal data cannot be disclosed without a court order is generally consistent with Russian personal data legislation.
In his assessment, a claim against a resale platform may serve not only as an independent means of protecting exclusive rights, but also as part of a broader litigation strategy. Through court proceedings, the rights holder may obtain information enabling it to identify the sellers of the disputed goods and subsequently bring claims directly against them.
“A company’s foreign status does not prevent it from exercising its right to judicial protection of exclusive rights in Russia. Where a seller systematically distributes counterfeit goods or commercially uses another party’s trade mark, the risk of being ordered to pay compensation is real,” Denis Aulov said.
He also explained that compensation for unlawful use of a trade mark under Article 1515 of the Civil Code of the Russian Federation may range from RUB 10,000 to RUB 10 million, or may be calculated at twice the value of the counterfeit goods or twice the value of the right to use the trade mark. Although Russian courts frequently reduce the amounts claimed in practice, the risk of sellers being held liable remains significant.
Denis Aulov’s full comments and the article are available at: https://www.vedomosti.ru/business/articles/2026/05/15/1197437-de-longhi-rasschitivaet-viiti-na-prodavtsov-kotorie-nelegalno-torguyut-tovarami-brenda
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Jingsh Russia is a cross-border legal team advising on projects involving Russia, Mainland China and Hong Kong.
Jingsh’s head office has a professional legal team of at least 8,000 people, including more than 400 partners and over 6,000 practising lawyers.
