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Ukrainian Higher Economic Court denies Ferrero’s claim on Raffaello trade mark infringement
On 27th October 2009, the Higher Economic Court in Ukraine issued a decision denying the infringement claim of Ferrero’s Raffaello trade mark rights and packaging design.
Italian confectionary Group Ferrero had alleged infringement of its Raffaello trade mark in Ukraine by Russian confectionary company Landrin for producing chocolates which are very similar to Raffaello sweets and for using Raffaello trade mark images on its chocolate packages.
The St. Petersburg’s Landrin company produces white round waffle sweets with coconut filling and almond under its ‘Waferatto” brand, which according to Ferrero are too similar to Raffaello sweets. According to Landrin, on the other hand, the appearance of the Raffaello sweets lack distinctiveness.
A similar legal dispute arose in Russia, where the Russian Appeal Court in August this year decided in favour of Ferrero, confirming the first instance decision issued in April 2009 which prevented Landrin from producing and distributing “Landrin Waferatto Classic” pralines being confusingly similar to Raffaello pralines.
Posted by: Edith Van den Eede @ 16.40Tags:
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