The court confirmed the recovery from Roshen 80 million rubles
The court for intellectual property rights (SIP) upheld the lower level courts to recover from Lipetsk LLC "Roshen"), a subsidiary of the Ukrainian Roshen confectionery Corporation owned by the President of Ukraine Petro Poroshenko, about 80 million rubles for illegal use of the trademark " songbird ", published on Wednesday, the operative part of the judgment.
SIP has rejected the appeal of "Roshen" on the arbitration award of the Lipetsk region and the Nineteenth resolution of the arbitration court of appeal, which fully satisfied the claim of the Tula confectionery factory " Yasnaya Polyana ".
As can be seen from the case, the plaintiff is the proprietor of the trademark "songbird" for such items As candy, sweets, chocolate, pralines, cakes, biscuits, bread, biscuits, wafers, marshmallows, Oriental sweets. Tula confectioners in 2013 learned that the defendant produces candy named " Swallow-singer ", and appealed to the protection of their intellectual property rights.
The plaintiff said the requirement to collect money in the form of double the amount of things that are illegal posted by trademark. The size of the calculated result data of the Respondent about the volume of sweets "Swallow-singer" in the October-December 2010 and of their cost - 61, 24 rubles per kilogram.
The circumstances were established by the decision of the arbitration court of the Lipetsk region, which entered into legal force. The court acknowledged chosen by the plaintiff the option of calculating the compensation is reasonable and commensurate with the consequences of the violation.
thus, the arbitration courts of three instances agreed with the plaintiff's arguments that the designation "Swallow-singer" on the label candy " Roshen ", and the trademark "songbird" factory " Yasnaya Polyana ", similar to the degree of mixing.
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