The holder of a series of trademarks containing the element «Baby Go» filed a claim with the Arbitration Court of Moscow and the Arbitration Court of the Moscow Region regarding the infringement by our client of the series of trademarks when introducing «TAKA Baby Go!» baby diapers into civil circulation.
In case No. A41-46691/2024, the claim was filed against a company selling on the Wildberries marketplace. We filed an application to join the case as a third party without claiming independent demands.
In case No. A40-120701/2024, the claim was filed against two client’s companies, as well as against the Ozon marketplace. In addition to injunction on the use of the designation, Plaintiff also asked the Court for compensation in the amount of 10,000,000 rubles.
In the course of considering two cases, we were able to prove that when our client uses the designation «TAKA Baby Go!» on the packaging of its own baby diapers, despite the presence of some similarity of the verbal element, there is no likelihood of confusion, which excludes the infringement of the Plaintiff's trademarks.
With the ruling dated 13.02.2025, the Arbitration Court of the Moscow Region refused to satisfy the claims in full.
With the ruling dated 25.02.2025, the Arbitration Court of Moscow also refused to satisfy the Plaintiff's claims in full.
The client was represented in court by Senior Partner Irina Ozolina and Associate Julia Kolomytseva.