Patent trolls are not a myth but a reality that companies face on marketplaces and in other areas. Their business model is simple: register a trademark or patent not for production, but to make money from claims and lawsuits. However, in 2023, the Supreme Court gave businesses a tool for protection by clarifying the criteria for abuse of rights.

The ideal target for a troll is a company with good revenue and weak intellectual property protection. But most often they attack individual entrepreneurs on marketplaces, where there are no in-house lawyers and blocking a product card is a serious threat. Trolls mass-send claims hoping for quick payouts.

The Supreme Court considered a case involving the trademark "Planeta," where the plaintiff demanded compensation of 600,000 rubles. The court gave the defendant the opportunity to prove that the rights holder registered the mark specifically to pressure market participants. This approach allows companies to challenge claims if the troll does not use the mark in actual business activities.

What to do if you receive a claim? Do not pay immediately. Check whether the rights holder uses the mark: is there production, sales, advertising, licenses? Study similar cases involving this plaintiff. The Supreme Court has shown that abuse can be proven if the plaintiff acts in bad faith.

For businesses, this is a lesson: intellectual property protection is not a luxury but a necessity. Registering your own marks and monitoring the market will help reduce risks. And lawyers should consider the Supreme Court's position when preparing for disputes.