Moscow Arbitration Court Decides in Favor of Sojuzpatent’s Clients “Ferrero Russia” and Ferrero S.p.A.

On November 12, 2010, the Moscow Arbitration Court took a decision in favor of Sojuzpatent’s clients CJSC “Ferrero Russia” and company Ferrero S.p.A. By said decision, the Court rejected to satisfy the application of  CJSC “KONTI-RUS” to invalidate the decision of the Federal Antimonopoly Service (FAS). By its decision FAS had recognized actions CJSC “KONTI-RUS” actions as violating the antimonopoly legislation on the Russian commodity market of soft candies frosted by chocolate which expressed in the introduction into civil turnover on the territory of the Russian Federation of chocolates “amour ESFERO Crema» with the use of packaging confusingly similar to the extensional trademarks under international registrations No No 783646, 783985, and to the graphic trademark under the international registration No 799465, owned by Ferrero S.p.A. The Court also refused to stop proceedings on violation of antimonopoly legislation against CJSC “KONTI-Russia” in connection with voluntary termination of violations of antimonopoly legislation.