As it became known to RBC Daily, Norwegian group Orkla has decided to raise the Russian confectioners to fight with a factory "Red October", deprived of their rights to the popular Soviet brands, including "Alenka". The company filed in the Moscow Arbitration Court lawsuit against the enterprise group, to which other pastry can join. Under Orkla flag already up confectionery factory "Perm" and "Seaside confectioner". At the same time the Norwegians have applied to Rospatent for registration of the trademark image, which in profile painted girl in a headscarf, similar to the "Alenka".
On "Orkla Brands Russia" last week, a division of the Norwegian concern Orkla, filed in the Moscow Arbitration Court an application for protection of the rights and interests of a group of persons. Defendant stands Moscow confectionery factory "Red October", which is part of the holding "United Confectioners".
The press service of "Orkla Brands Russia» RBC Daily explained, that a group of persons, whose rights must be protected, refers to members of the confectionery market, for many years to manufacture products under the brand "Alenka", while the "Red October" has not registered the rights to the mark. And their volumes in Soviet times, many times higher than the release of "Red October" chocolate, whereby "Alenka" has acquired such a reputation throughout the territory of the USSR, We noted in the "Orkla". To suit can join any enterprise, wishing to assert their rights to the brand.
Get a comment from "United Confectioners" failed.
According to the president of the Bar "Barschevsky and partners" Samvel Karakhanyan, consideration of cases on protection of rights and interests of a group of persons - is a relatively new practice for the Court of Arbitration. Corresponding changes in the Arbitration Procedure Code entered into force in October 2009 of the year, and published acts upon the consideration of such cases are still few. Class actions are considered to be complex and are treated for five months instead of three, as ordinary application.
According to Mr. Karakhanyan, class actions are useful for the judges: they allow you to combine in a single production of the same type are numerous requirements to one respondent. There is an advantage for the plaintiffs: receives an application of a large number of persons of the same violation of rights, the court will be more inclined to believe, that a violation did take place and, respectively, subject to application of judicial protection.
On the other hand, such a procedure carries certain difficulties for applicants, added Mr. Karahanyan. In particular, as part of the claim to the "Red October" failed to meet the requirement of bringing to the case of the five plaintiffs, and that one of the bases, on which the statement was left without movement. but, According to RBC Daily, the lawsuit has joined Orkla Confectionery Factory "Perm" and "Seaside confectioner". by the way, with "United Confectioners" last factory want to recover 135 million rubles.
Meanwhile, the Norwegians were not limited to legal action. "Orkla Brands Russia" has filed with Rospatent application for registration of the trademark image, which in profile painted girl in a headscarf, similar to the "Alenka". The Company strives to protect the rights of its most popular historical labels all available means, including registering a design trademark, said the press service of the confectionery enterprise.
A source: RBC Daily
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