Order of the Presidium of Supreme Arbitration Court of RF dated 04.02.2014 #9189/13
As contemplated by Clause 4, Article 1515 of the Civil Code of the Russian Federation liability is applied according with the plaintiff’s choice instead of indemnity. Claim for compensation should be paid in the presence of evidence of the trademark illegal use. The Court basing on the particular circumstances of the case, including kind of infringement, term of illegal use, prospective loss, assesses amount of compensation. With reference to the Clause of Article 333 of the Civil Code of the Russian Federation, the Court shall not reduce the size of the compensation contemplated by Clause 4 of Article 1515 of the Civil Code of the Russian Federation, as commitment of an infringer of exclusive rights on the trademark is not considered to be a penalty.