Russian Chocolate Maker Banned from Selling Raffaello Look-Alikes in Ukraine

On September 17, 2010, the Kiev Commercial Court ruled against the Russian confectionary maker Landrin ending a long dispute between this company and its Belgian counterpart Soremartec, member of the Ferrero Group. The court banned Landrin from selling chocolates similar to Ferrero’s in Ukraine.

In 2007 Landrin began manufacturing sweets under the brand Landrin Waferatto Classic (right), similar in appearance to Italian confectionary maker Ferrero’s well-known coconut rounds Raffaello (left). Last month, the Kiev Commercial Court decided that Landrin Waferatto Classic could not be sold in Ukraine, as this violates the rights of Soremartec to the international trademark registered by the Ukraine PTO under No. 798984, protecting the appearance of the Raffaello sweets.

The dispute between the two chocolate makers began in April 2008, when Soremartec filed a claim against Landrin with the Kiev Commercial Court. In July 2008 Landrin filed a counterclaim and a revocation request against Soremartec’s registered trademark. On February 3, 2009 the Kiev Commercial Court ruled in favor of Soremartec.

Later in February 2009, Landrin filed an appeal to reverse the decision of the Kiev Commercial Court and at the same time Soremartec filed a revocation of the mentioned appeal. This time, on June 15, 2009, the Kiev Commercial Court of Appeals ruled in favor of Landrin.

Soremartec immediately filed a cassation appeal with the Higher Commercial Court of Ukraine requesting to reverse the judgment of the Kiev Commercial Court of Appeals and uphold the decision of the Kiev Commercial Court. The cassation appeal was dismissed.

In December 2009, Soremartec filed a second cassation appeal with the Supreme Court of Ukraine and on January 26, 2010 the Supreme Court of Ukraine ruled that Soremartec’s initial claim should be reconsidered in the Kiev Commercial Court.

Last month, the Kiev Commercial Court ruled in favor of Soremartec and dismissed Landrin’s revocation request against Soremartec’s registered trademark.

For more information, please contact Maya Kryvoshei at our Ukraine office.

Source: Ukrainian magazine “Intellectual Property”; the court decisions