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15.05.2021

The Customs in Novorossiysk revealed an import of confectionaries (chocolate eggs containing a sign «SURPRISE FOR THE PRINCESS» in Cyrillic) and informed «FERRERO» S.p.A., a right holder of «SURPRISE» trademarks both in Cyrillic and Latin.

Acting on behalf of «FERRERO» S.p.A. associates of «A.Zalesov & Partners» Patent & Law Firm have prepared written submissions to the Customs asking to bring the importer to the administrative liability under article 14.10 of the Russian Code of Administrative Offenses (the illegal use of the means of individualization of the products). The Customs agreed with the right holder's arguments and filed a statement of claim with the Arbitration Court of Krasnodar region, asking the court to bring the importer to the administrative liability.

The defendant did not agree with the claims and raised arguments against similarity of trademark and revealed designation as well as the results of expert examination held under the Customs ruling. The defendant requested the court to order a new expert examination to obviously delay the litigation process.

We have prepared written submissions upholding the Customs claims and demonstrated to the court the inconsistency of the defendant's arguments. Our client asked the court to reject the defendant's motion on expert examination and referred to the current law and court practice stating that there is no need to carry out an expert examination in a counterfeit case based on possible similarity of marks.

On April 29, 2021, the Arbitration Court of the Krasnodar region satisfied the claim and brought the importer to administrative liability following article 14.10 of the Russian Code of Administrative Offenses.

Our client was represented before the court by Senior Partner Irina Ozolina and Senior Associate Anastasia Zalesova.

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