THE COURT RECOVERED 97 MILLION RUBLES FROM A DAIRY COMPANY FOR USING A "SLEEPING" TRADEMARK

  • 19 May 2023
  • EURASIA
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The Commercial Court of the city of Moscow has collected compensation from dairy producers in the amount of 97 million rubles for the production of butter with the protected trademark "export Belorusochka".

The manufacturer of the products registered the trademark "export Belorusochka", after which they began to produce products under this trademark. However, as it turned out, the examination of ROSPATENT missed the prior trademark "Belorus Eхport". The owner of the prior trademark BelorusExport LLC appealed to ROSPATENT and demanded that the registration of the trademark “export Belorusochka” should be invalidated due to the similarity with their trademark. ROSPATENT agreed with them and declared the registration of the trademark "export Belorusochka" invalid. It was the retrospectivity of this decision that served as the basis for the decision of the Commercial court to recover substantial compensation.

In court the defendant claimed that the butter under the trademark "Belorus Eхport" was supplied to the Russian market in 2015-2017. They believe that the plaintiff has not received any damages and the appointment of compensation is illegal. In addition, they regard the actions of the plaintiff as unfair. However, the court did not support them and ordered them to pay compensation for trademark infringement.