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The successes recorded by "ELL PARTNERSHIP" Law Firm continue in court practice

04.03.2024

The General director, Attorney at law of our Law Firm Gohar Gevorgyan has been representing the interests of Cuban Corporation Habanos S.A. in court against "Agrosya" LLC since 2020.

 

The respondent company from a country that is not a member of EAEU without the consent of our client Corporation Habanos S.A. imported cigars bearing the trademarks "COHIBA", "MONTECRISTO", "PARTAGAS", "ROMEO Y JULIETA" belonging to the latter into RA. Based on our claim, the court of first instance ordered the defendant to stop violating the exclusive rights of our client as the owner of the above-mentioned trademarks and to destroy the imported goods. In 2011, the Court of Appeal overturned the judgment of the Court of First Instance and sent it for a new trial on the grounds that the court did not properly sign the judgment, which is a mandatory basis for the annulment of the judicial act, regardless of whether the participants of the trial referred to it in the appeal or not.

 

The defendant appealed the decision to the Court of Appeal, as a result of which the Court of Appeal overturned the decision in 2021 and sent the case to the court of first instance for a full new examination.

 

As a result of the new examination, the Court again satisfied our claim, ruling in favor of Corporación Habanos S.A. By obliging the company and "Agrosya" LLC to stop the illegal use of our client's trademarks, and as a consequence, to destroy the products imported into RA and bearing the trademarks of the Corporation Habanos company at their own expense.

 

We congratulate Gohar Gevorgyan and our client on their success.

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