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19.07.2019

«A.Zalesov & Partners» Patent & Law Firm representing Ferrero S.p.A. filed a lawsuit for trademark infringement against a Serbian company Nelly d.o.o., a manufacturer of confectionaries, with the Arbitration Court of Moscow Region. The Plaintiff claimed that during exhibitions Prodexpo-2017 and Prodexpo-2018 the Defendant demonstrated product «Nelly Kids Chocolate» in a packaging confusingly similar to Ferrero's trademarks. The Plaintiff requested injunction and recovery of monetary compensation. The court agreed, that demonstration of a product during an exhibition shall be deemed as the way of input of a product into civil circulation. The most interesting is the fact, that based on the provisions of the Supreme Court Plenum No. 23 dated June 27, 2017, the court recognized its jurisdiction to hear a case involving foreigners (both the Defendant and the Plaintiff are foreign companies, and the Defendant had neither registered offices nor any property in Russia). On July 11, 2019 the Arbitration Court of Moscow Region decided to satisfy the lawsuit in full. «Ferrero» S.p.A. was represented before the court by Dr. Aleksey Zalesov, Managing Partner of «A.Zalesov & Partners» Patent & Law Firm, and Vladislav Ryabov, Senior Associate. The case number is А41-34055/18.

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