The court partially satisfied the claim of the Dutch company Minikim Holland BV against the Tula manufacturer Belevsky Product LLC, the supplier Belochka Company LLC and the seller of gingerbread IP Penjoyan VN
For the use of worldwide recognizable brand images, Russian businessmen paid a total of 150 thousand rubles, although initially the Dutch owners of “Love is…” demanded to recover 500 thousand rubles from the defendants, writes RBC.
The Moscow Arbitration Court, according to the corresponding entry in the court file, sentenced Belevsky Product to a fine of 60 thousand rubles, Belochka to a similar fine, and the seller to pay half the amount (30 thousand rubles) as compensation. for copyright infringement. .
Despite the fact that the manufacturer used other fonts and spelling, other color schemes that did not repeat the plaintiff’s brand palette, the borrowing became clear to the court, including due to the design:
“In the presented photo of the confectionery, it can be seen that in the upper left corner there is a text in Russian “Love is…”, and then its continuation at the bottom of the product in Russian “When together”. .., together forever!”.
At the trial, representatives of one of the plaintiffs, the Belochka company, did not so much dispute guilt as focused on the fact that the fine would go “to a hostile country, which by its actions poses a significant threat to the public.” . Russian interests”.
This circumstance is not relevant to the case and, according to the law, does not interfere with the protection of the exclusive right, the court emphasized separately.
Author:
Ekaterina Alipova
Source: RB
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