The court drew “Yandex” to account for advertising sites selling counterfeits and fined the Internet company on 10 thousand rbl. the Decision could become a precedent. According to lawyers, it will force search engines to pay more attention to the inspection of advertisers, and claims of rights holders.The Moscow arbitration court sought with “Yandex” 10 thousand rubles. compensation for advertising “Institute of efficiency” selling counterfeit goods, announced on 6 August RAPE. The plaintiff and the recipient of compensation made by the OOO “Production and trading company “Termoform”” legal trademarks “Sital” and Sital, which produces ball valves and butterfly valves for thermal power and oil and gas industry. “The Institute for energy efficiency” produced pipe fittings under the same brands and posted information about this advertising network “Yandex”, including under the search results “Yandex” and Mail.ru, says the decision of the court.”Termoform” sent “Yandex” pre-trial claim in June 2019, demanding that within seven days to stop promoting the counterfeit goods. The plaintiff attached copies of certificates for trademarks and seven days later “Yandex” has suspended the screening of the controversial ads. Search engine asked the “Institute” energy efficiency documents, to which he sent the letter of guarantee, assuring that it has all rights. “Yandex” in July 2019, the resumed displaying advertisements.But to fend off claims of the right holder “Yandex” has failed: the court found the measures taken by the search, are insufficient to stop the violation, as “Yandex” had opportunities to identify the violation. The terms of the offer “Yandex” on the responsibility of the advertiser may not serve as the basis for release search engine from liability, because this offer does not apply to “Thermoform” that the contract with “Yandex” has not concluded, said the court.In “Yandex” have refused comments.The compensation recovery and accountability of the aggregators, search engines and other purveyors of information have always been “very difficult”, says the partner of the bar Association Pen & Paper Stanislav Danilov. In his opinion, in the case of ball valves the last straw for the court was that the right holder have repeatedly written in the “Yandex” about the violation of their rights the result of search results and presented documents to prove it. “The lack of adjustment of search results from the “Yandex” could be perceived as intentional failure or at least gross negligence,”— says the lawyer.”Clearly, Yandex, acting as information broker, is in no hurry to take on the burden of a court or regulatory body that is empowered to make a decision about the presence or absence of rightsnarusheniya,” adds the adviser of the legal group “Yakovlev and partners” Anna Nikitova.Earlier, the court found the Ural portal Е1.ги guilty of placing illegal advertising services for the cashing of the parent capital, which appeared on the website through the system “Yandex.Direkt” (“Kommersant” reported on 16 January). Usually in such cases the responsibility falls on the system of contextual advertising, as the publication is technically not able to check the context of the message on their websites before publication, but in this case, the responsibility of the partner advertising network “Yandex” lawyers call precedent.Its “Yandex” was inserted into the broadcast of the world Cup-2018 “the First channel”, which were posted on their sites under the contract with “First”. But the court in July of 2019 took the side of “Yandex” and declared illegal the decision of FAS of the violation of the law “On advertising”.Anna Afanasyeva, the arbitral panel
“Yandex” has been punished for advertising of counterfeit goods The search engine has lost a court to the copyright holder
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