By the decision of the Court for Intellectual Rights and the decision of the Arbitration Court of the Stavropol Territory of 2023, the claims of OJSC Rot Front , PJSC Red October , OJSC TKF Yasnaya Polyana to LLC Nevinnomyssk Bread Factory for payment of compensation for the illegal use of commodity signs are fully satisfied.
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Nevinnomyssk Bread Factory LLC used designations in the names of its confectionery products that were confusingly similar to trademarks belonging to the factories of the United Confectioners holding. During monitoring of the confectionery market, it was established that the Bread Factory produces and sells confectionery products under the names: “Bird's Milk” cake, “Privet” sugar cookies, “Buratinka”, “Toptyzhka” and “Yagodka”.
The copyright holder of the trademarks “Bird's milk”, “Hello”, “Burati-no” is OJSC “Rot Front”. The Mashki-Toptyzhka brand belongs to PJSC Krasny Oktyabr, and OJSC TKF Yasnaya Polyana is the copyright holder of the Miss Yagodka trademark.
The court stood up for the protection of intellectual rights, confirming the right of exclusive use of the above trademarks for OJSC Rot Front, PJSC Red October and OJSC TKF Yasnaya Polyana. According to the court decision, compensation was recovered from Nevinnomyssk Bread Factory LLC in favor of the factories for the illegal use of foreign trademarks.
It should be noted that the trademark owner may, at his own discretion, permit or prohibit other persons from using the results of his intellectual activity or means of individualization. The absence of a prohibition is not considered permission to use. If use is carried out without the consent of the copyright holder, it is illegal and entails liability established by the Civil Code of the Russian Federation.
“United Confectioners” is a Russian confectionery holding that unites 16 enterprises, including the famous factories “Red October”, “Babaevsky Confectionery Concern”, “Rot Front”. The holding’s assortment portfolio includes well-known Russian brands “Alenka”®, “Babaevsky”®, “Vdokhnovenie”®, “Mishka Kosolapyy”®, “Korovka”®, “Bird's Moloko”® and many others.
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