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PATENTUS managed to safeguard the interests of a Slovak company, a manufacturer of well-known muesli-bars

Date: 30 June 2015

Our client, a Slovak manufacturer of confectionary and dietary products, the company I.D.C. Holding have been selling its goods in Russia since the early 2000s. The company is mostly famous for its muesli-bars EGO.

The Slovak manufacturer carried out the promotion and sales of the muesli bars through the chain stores and supermarkets as well as online stores and pharmacies in Moscow. Among the distributors of I.D.C. Holding was a closed joint stock company DIADAR (referred to below as JS DIADAR).

By the end of 2014 the contractual relations of our client with the CJSC DIADAR were terminated, after which the CJSC DIADAR started its own production of muesli bars bearing the trademark EGO without the permission of the trademark holder (our client).

The negotiations with the infringing company resulted in nothing following which I.D.C. Holding instructed us to come to the police, Federal Antimonopoly Service and arbitration court (court case no. A40-45371/2015). The Interests of I.D.C. Holding were represented by Tatiana Sergunina, a lawyer of the Litigation Department at PATENTUS.

As a result, 99% of the networks gave up selling infringing bars which considerably thrusted at our clients opponent. During the trial the company DIADAR proposed to solve the dispute amicably. In the end, the parties agreed as follows: I.D.C. Holding had to assign the rights to the trademark ALTER EGO valid in Russia, the right to EGO trademark application as well as the rights to ten artworks of packaging totally to the amount of EUR 500,000.00 (Five Hundred Thousand).

On June 23, 2015 the Moscow Arbitration Court approved the amicable agreement and terminated proceedings in case No. A40-45371/2015.

For your reference:

I.D.C. Holding owns: international trademark ALTER EGO No. 773792 (class 30 under the Nice Classification) as well as registered Czech and Slovak trademarks EGO No. 240019 and No. 202061 (classes 5, 30 under the Nice Classification).

In June, 2014 I.D.C. Holding filed an application with the Rospatent for the registration of the trademark EGO for the goods in class 30.

An additional point is that I.D.C. Holding holds exclusive copyright rights to the design work packaging for muesli-bars EGO developed in 2001 and in 2008.




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