The court confirmed its refusal to Umalat in a lawsuit against the Ministry of agriculture on the illegality of conclusions on the output of Adygea Cheese
As follows from the court's file, the court refused to satisfy the complaint of JSC Umalat. At the preliminary hearing on November 27, 2019, the court involved in the case third parties who do not make independent claims, JSC Dairy plant Giaginsky, LLC Tambovsky, LLC Adygeisky dairy plant, CJSC Dairy plant Adygeisky and LLC Dairy plant Novy.
Earlier, on June 26, 2019, the Presidium of the intellectual property rights Court (IPRC) overturned the decision of lower instances to refuse the non-profit organization Union of producers of Adygei Cheese to recover 8.5 million rubles of compensation from Umalat for the illegal use of the appellation of origin Adygei Cheese. The court then decided to transfer the case to a new trial.
In a new review in July 2020, the Arbitration court of Bryansk region denied the Union's claim. Complaints have been filed against this decision, and their consideration is scheduled for September 17. The case file states that the Arbitration court of Bryansk region in September 2018 attracted to participate in the case third parties that make independent claims regarding the subject of the dispute on the plaintiff's side, LLC Krasnogvardeysky dairy plant, JSC Dairy plant Giaginsky, LLC Tambovsky, LLC Adygeisky dairy plant, CJSC Dairy plant Adygeisky and LLC Dairy plant Novy.
JSC Dairy plant Giaginsky, LLC Krasnogvardeysky dairy plant, LLC Tambovsky and LLC Adygeisky dairy plant asked the court to recover from the defendant 1 million rubles, and CJSC Dairy plant Adygeisky and LLC Dairy plant Novy - 500 thousand rubles of compensation for the sign. The plaintiff and the third parties asked the court to oblige Umalat remove illegally used appellation of origin Cheese Adygeyskiy and similar to them "New name of Adygei cheese" and the relevant data from falsified products, labels and packages of goods.
The court concluded that the name "Adygei Cheese" came into general use as a designation of a certain type of product, unrelated to the place of its production, back in the USSR. The production technology of Adygea cheese is initially industrial, has nothing in common with the production technology of traditional cheese, and can be used in any region without compromising the organoleptic and quality properties of the cheese.
It follows from the case file that third parties are the owners of the exclusive right to use the appellation of origin "Adygei Cheese". The documents state that the technology for the production of Adygea cheese was created in Adygea in 1968 by the Director of Adygeisky dairy plant, Madina Heyshko, and the author's certificate for the invention was obtained in 1971. Cheese production was introduced in 1968, and in 1975, technical conditions were developed and approved, according to which the production of Adygea cheese was massively introduced at milk processing enterprises in the RSFSR.
Umalat produces so-called fresh cheeses (cheeses without maturation - mozzarella, Adygei, Suluguni, etc.). The company's portfolio includes four brands: Unagrande, Pretto, Umalat and Umalatte butter.
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