The court in Moscow decided that it could not listen to Danone's claim against the Belarusian "Savushkin product"
As follows from the court's ruling published on Wednesday, the Moscow arbitration court concluded that it does not have the competence to consider a claim against a foreign enterprise.
Russian subsidiary of Danone in the lawsuit, which came to court in June, demanded to recover compensation from the respondent for violation of its exclusive rights to the trademark. As previously reported in the press service of JSC “Danone Russia”, the lawsuit is related to the fact that in 2018, “Savushkin product” changed the design of its product "Optimal" in the direction of similarity with the design of the plaintiff's line of “Activia”. Danone Russia considered the modified design of “Optimal” dairy products to be a reworking of the design “Activia”.
The press service of the subsidiary of Danone clarified that the company repeatedly sent letters of complaint to "Savushkin product" and asked to change the design of "Optimal", but did not receive a response to any letter. According to a representative of Danone, the company spends "huge amounts of money on developing designs and promoting its products, so it is not ready to put up with such obvious cases of copyright violation and intends to defend its copyright in court".
The company "Savushkin product" then told RIA Novosti that the trademark "Optimal" was developed, registered and put on the market in February 2013, the redesign of its packaging was carried out in November 2017. The design was developed by a Russian Agency that guarantees the originality of its work, emphasized the representative of the respondent company.
The Moscow arbitration court terminated the proceedings, indicated that "the claims arise from activities of a foreign company abroad, the damage to property did not take place on the territory of the Russian Federation (it occurred on the territory of the Republic of Belarus), the majority of evidence is located on the territory of a foreign state, the law applicable to the contract should recognize the right of a foreign state; the evidence of the connection of the disputed legal relationship with the territory of the Russian Federation has not been submitted to the arbitration court".
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