Nataliya Shapovalova, Partner

Ravil Kassilgov, Partner

Tukulov & Kassilgov Litigation

TKL has assisted Brioni S.p.A., an Italian menswear luxury brand with 50 stores worldwide, in a trademark infringement case in Astana, Kazakhstan. The infringing store operated in the center of Astana and enjoyed some popularity. The store unlawfully used the name 'Brioni' on its sign placed above the store entrance and was selling the Brioni labelled suits of the unknown origin.

Thus, the client sought full cessation of operations of the shop, that acted illegally under the name of the protected trademark.

The client has been represented by Partner Nataliya Shapovalova and Junior Associate Saniya Sultanova with overall support on procedural aspects by Partner Ravil Kassilgov.

TKL lawyers identified the owner and the tenant of the store premises, traced sources of advertising materials with contact details of related persons, arranged a "control purchase" at the store and then filed a lawsuit.

The claim was upheld by the Astana Specialized Interdistrict Economic Court that issued a judgment ordering to cease and desist infringement of the trademark rights, to remove all Brioni signs from the building and inside the store, delete any reference to the trademark from Internet resources, destroy all labelled clothes and other items.

The court of appeal upheld the judgment, which is now at the stage of enforcement.