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03.02.2020

«Nestle Russia», a client of «A.Zalesov & Partners» Patent & Law Firm, traced sales of chocolate bars in packagings imitating «KitKat» and «Nesquik» in several regions of Russia. Since an attempt to settle the dispute amicably was unsuccessful, «A.Zalesov & Partners»Patent & Law Firm on the client's behalf initiated an unfair competition action against the manufacturer of the imitations — a factory located in Samarskaya region of Russia. A written submission filed with the antimonopoly body of Samarskaya region was based both on parts 1 and 2 of article 14.6 of the Law «On competition protection», namely, it was claimed that the defendant both infringed the registered trademarks of «Nestle», and substantially imitated non-registered elements of the «KitKat» and «Nesquik» packagings. The commission ruled to stop the unfair competition and initiated proceedings to bring the defendant to the administrative liability in accordance with Article 14.33 of the Code of Administrative Offenses. «Nestle» was represented by Dr. Aleksey Zalesov and Irina Ozolina, Partners of «A.Zalesov & Partners» Patent & Law Firm, and Vladislav Ryabov, Senior Associate.

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