New Balance trademark case in Kazakhstan ends with amicable settlement
03 March 2025
A recent trademark dispute between Boston-based sportswear brand New Balance and a local businessman from the Zhambyl region of Kazakhstan has ended in an amicable settlement.
New Balance filed the lawsuit in Zhambyl’s specialized inter-district economic court, alleging trademark infringement by the local entrepreneur. Damages sought amounted to US$730, according to the court’s press office, as reported in Kazakh media.
The amicable settlement resulted in the defendant partially recognizing the claims and agreeing to pay part of the compensation. In addition, the defendant promised to stop using the New Balance mark and signed a formal pledge.
The American company accused the Kazakh businessman of unauthorized selling of products carrying marks that were identical to New Balance’s own registered trademarks “New Balance” and “NB.” The seller was peddling the products in an online store on the platform of a bank in Kazakhstan. To prove the infringement of its trademarks, New Balance ordered from the platform, recording its purchase of the said product via video and photographs. The fiscal receipt from the purchase also served as proof of the trademark violation.
Saule Akhmetovam I Partner and branch director @ GRATA International, Almaty
“Such evidence as video footage, photographic materials and fiscal receipts, which Plaintiff presented in the civil case, are essential tools to confirm the fact of the sale of goods,” said Saule Akhmetova, partner and branch director at GRATA International in Almaty.
According to Akhmetova, it is worth noting that the institution of the notary public has recently gained particular popularity in Kazakhstan. “A notary may certify that the sale of goods that infringe trademark rights or counterfeit goods is on the market. In addition, notaries can inspect the goods, goods in a warehouse or retail outlet and confirm their appearance, the presence of a trademark and other features that may indicate a counterfeit. Thus, in intellectual property disputes, especially in ecommerce, the correct and timely collection of evidence to confirm infringement is crucial,” said Akhmetova.
“Violations of exclusive rights to trademarks in the form of the sale of counterfeit goods through internet sellers can significantly affect the owner’s reputation and economic interests. This emphasizes the importance of controlling the illegal circulation of counterfeit goods on the internet and the need for companies to combat infringements of their rights actively. In the current environment of IP protection on the internet, right holders need to take an active position, take timely action and use all available legal tools, such as litigation, claims and settlement or mediation agreements,” she added.
- Espie Angelica A. de Leon
