03 March 2023
#Company News

Zuykov and partners defended the exclusive right to the trademark of Zdorovye Firm

Firm Zdorovye LLC applied to the Arbitration Court of the Altai Territory against ALTAI-SELIGOR LLC with a statement of claim for an obligation to stop using the trademark according to the certificate of the Russian Federation No. 277176, for the withdrawal from circulation and destruction at its own expense of goods, labels, packaging of goods, for the recovery of 5,000,000 rubles compensation for the illegal use of the trademark a sign. By the decision of the Arbitration Court of the Altai Territory of 03.11.2022, the claims were denied. Not agreeing with the adopted judicial act, Firm Zdorovye LLC appealed to the court with an appeal.

In case No. А03-17257/2021, Zuykov and partners represented the interests of Firm Zdorovye LLC.

In substantiation of the appeal, the company noted that the judicial act of the court of first instance was issued with incomplete clarification of the circumstances relevant to the case, with lack of evidence relevant to the case; adopted in violation of substantive and procedural law; based on irrelevant and inadmissible evidence.

Firm "Zdorovye" is the owner of the exclusive right to the trademark "Sweet Dream" according to the certificate of the Russian Federation No. 277176, registered in relation to goods of the 5th class of the Nice Classification, including for herbal preparations, collections of tea, medicinal herbal teas, herbal teas for medical purposes. The plaintiff believed that the defendant unlawfully placed on the package of herbal preparation the word designation "Sweet Dream", identical to the trademark of the plaintiff.

After analyzing the image protected by the trademark according to the certificate of the Russian Federation No. 277147, with the disputed designation used by the defendant, the court of appeal came to the conclusion that the individualizing function in the designation used by the defendant on the package with the herbal collection of the verbal designation "Sweet Dream" is identical to the trademark claimant.

Contrary to the conclusions of the court of first instance, the court of appeal noted that the declared goods of class 5 of the Nice Classification "food additives for medical purposes, namely biologically active food supplements" - herbal tea "Sweet Dream" - and the goods of the defendant with a sedative effect tea drink "Sweet Dream" also refers to class 5 of the Nice Classification "pharmaceuticals, food additives for medical purposes, tea collections", are homogeneous, as they are intended to maintain and improve health, have one circle of consumers, places of sale, and also coincide in the form of release of goods.

The Court of Appeal also concluded that the packaging of the "Sweet Dream" tea drink produced by the defendant was confusingly similar to the herbal tea marked with the "Sweet Dream" trademark owned by Firma Zdorovye LLC. Thus, the defendant introduced goods similar to the plaintiff's goods into civil circulation, illegally using the trademark "Sweet Dream".

In addition, at the time of the consideration of the case, the defendant continued to produce, offer for sale and sell tea drinks labeled confusingly similar to the trademark of the plaintiff “Sweet Dream”, which was confirmed by offers for sale on Internet resources.

Thus, the court of appeal, having evaluated the evidence presented in the case and the arguments of the persons participating in the case, ruled that the court of first instance had no grounds for refusing to satisfy the claims in full, and therefore the decision of the court of first instance is subject to cancellation, and the claims and the appeal of Firm Zdorovye LLC are subject to satisfaction in terms of the plaintiff's property claim for compensation in the amount of 500,000 rubles, in terms of non-property claims - in full. The Seventh Arbitration Court of Appeal ordered ALTAI-SELIGOR LLC to stop using the Sweet Dream trademark according to certificate No. 277176 in relation to the product - herbal tea produced by ALTAI-SELIGOR LLC, labeled with the Sweet Dream trademark, ordered and destroy at its own expense goods, labels, packaging of goods on which the plaintiff's trademark is illegally placed.