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Home | Insights | Judicial Twist: Supreme Court’s Stance on the Use of a Trademark in a Web-Site’s Domain Name
24.11.2025

Judicial Twist: Supreme Court’s Stance on the Use of a Trademark in a Web-Site’s Domain Name

The source is a video posted on YouTube

Timeline – Presentation by Veronika Popelenskaya (video available in Russian language)

0:00 – Introduction. Review and analysis of the most controversial issue in a lawsuit for recovery of a compensation for the use of the trademark TOPFENCE. Is a mentioning of an identical mark in a Web-page URL-bar considered an infringement? The verdict of the courts of three instances on this matter

02:39 – Hearing of the case before the RF Supreme Court. Reference to its being questionable and to importance of details. The necessity of distinguishing between marks used as the means of informing in their common meaning from marks used as the means of individualization. Surprising and interesting conclusion of the RF Supreme Court, drawn in the TOPFENCE case

06:16 – Additional arguments of the RF Supreme in the TOPFENCE case with respect to determining of the size of compensation and the abuse of right

07:35 – Conclusion. The devil is in the details