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Defendant Agrees to Stop Infringement of “SURPRISE” Trademark on Chocolate Eggs

21 October 2016

On September 21, 2016 the Arbitration Court of Moscow City satisfied in full the claims of Ferrero S.p.A. to a manufacturer of chocolate eggs using on their packagings the mark “SURPRISE” in confusing manner. The plaintiff pleaded before the court to prohibit to manufacturer manufacturing of goods in the packaging in dispute, to make the manufacturer to delete and destroy such packagings and to pay monetary compensation. The Defendant accepted the claims in full, therefore the court approved the acceptance of the claims and ruled in favour of the Plaintiff. The case was also interesting by the fact that the product was manufactured in Russia but for Belorussian retailer, still mere manufacturing was enough to acknowledge infringement.  The Plaintiff was represented by Irina Ozolina, Senior Lawyer of Sojuzpatent.