Marketplace Trademark Complaints: A New Position of the Russian Constitutional Court

From 16 September 2026, the position set out by the Russian Constitutional Court in Resolution No. 39-P of 16 June 2026 applies to complaints concerning intellectual-property infringements by marketplace sellers. The resolution addresses what the platform, claimant and seller should do after notice of an alleged infringement.

What the platform should check

After receiving a complaint, the platform should conduct a basic review: whether the evidence of the claimant’s rights appears credible and whether the seller can provide evidence of lawful use of the relevant asset. A seller’s objection alone does not automatically disprove the complaint. Where the complaint is substantiated, the platform may temporarily suspend the product listing for the period reasonably needed for the rights holder to seek judicial protection.

What evidence the seller should prepare

Collect documents showing the origin of the goods and the right to use the brand: a supply or licence agreement, the rights holder’s permission, documents proving purchase of genuine goods, certificates and correspondence. Separately substantiate rights to photographs, descriptions and graphics: a trademark right does not necessarily authorise use of someone else’s photographs.

If the suspension is unfounded

If the rights holder does not go to court within a reasonable period or its claim is found unfounded, the platform and/or seller may have grounds to seek losses caused by the suspension of sales. Preserve the suspension date, sales history, lost orders, expenses and causal link. Compensation is not automatic.

• Preserve the product listing and the date of each version.
• Prepare evidence of lawful use of the designation and content.
• Request the reason for the restriction in writing and provide a structured response.

The Constitutional Court’s resolution establishes a legal approach, but it does not guarantee compensation in every case: evidence, causation and the calculation of losses remain important.

The Constitutional Court’s approach

In Resolution No. 39-P of 16 June 2026, the Constitutional Court considered complaints concerning intellectual-property infringements in marketplace trading. A platform should not block a product solely on the basis of an unsubstantiated allegation, but it should not ignore signs of infringement either. A reasonable initial review, a request for documents from the seller and temporary measures where there are substantiated grounds are required so that the claimant can seek judicial protection.

A temporary block does not itself establish an infringement. The court may assess ownership, similarity of designations, exhaustion of exclusive rights and lawful use. If the claimant does not go to court within a reasonable period or the court rejects an unfounded claim, there may be grounds to recover losses from the claimant and/or platform; compensation is not automatic and must be proved.

What the seller should keep in advance

Build a document chain before publishing a product: supply agreements, waybills, payment records, manufacturer and import information, and a licence or rights-holder consent where required. Link the documents to the particular batch and designation. Permission to use a photograph does not prove the right to sell goods bearing another party’s trademark. Keep originals, not only screenshots from the account.

If the listing is blocked

Ask the platform for the complaint, the affected goods and the grounds for the restriction. Within the applicable period, provide a substantive response with relevant evidence and preserve the suspension date, correspondence, sales statistics and stock levels. If the complaint concerns only images or listing text, propose removing the specific disputed material instead of automatically admitting an infringement relating to the goods themselves. Where losses are significant, assess judicial remedies with counsel.

• Check designations and listing materials before publication.
• Maintain product-origin documents by batch.
• Respond to platform requests quickly and specifically.
• Document restrictions and their economic consequences.

How a rights holder should prepare a complaint

A claimant should consider attaching evidence of its exclusive right, precise links and screenshots of the disputed listing, explaining what element is used and how the infringement occurs, and identifying the specific measure sought. A mass complaint without identifying the product makes review more difficult and can increase the risk of error. Preserve evidence of publication and correspondence with the platform.

The seller should respond with documents, not only a statement of good faith. If use of the designation was authorised, provide the licence and confirm its period, territory and covered goods. Where exhaustion of rights is relied on, prove that the specific goods were lawfully introduced into circulation. These documents help the platform make an initial assessment, but the final resolution of the dispute remains with the court.

Discuss the matter with Binjaminov & Partners