On 11 September, the Presidium of the Supreme Arbitrazh Court upheld the application for supervisory review of the pate producer against Lytkarinsky meat processing plant. This decision drew a line under the long-term dispute between Hamé, on the one side, and Ruzkom (producer of counterfeit packing) and Lytkarinsky plant (pate producer), on the other.
It started more than two years ago when Hamé filed a suit against the companies alleging them to infringe its trademark. It took seven court instances to find both producers liable. Although the Federal Antitrust Service and the Arbitrazh courts hold Ruzkom liable for producing counterfeit packing with reasonable confidence, the question of Lytkarinsky plant’s liability as a meat processor got much more difficult to answer. The Presidium had to choose between two competing positions: does the fact of Lytkarinsky plant’s indication as the meat processor on counterfeit packing define its liability, or this is an insufficient ground as it has not tried to imitate Hamé’s packing.
In the court hearing Andrey Zelenin, partner at Lidings, tried to convince the Presidium that only the combination of pate and packing made the counterfeit products marketable. He also noted that without Lytkarinsky plant’s facilities the infringement could never take place.
Finally, the Presidium upheld the arguments of the council for Hamé rendering a more than four million ruble decision in its favor.
The full text of the decision of the Presidium is going to be published in the nearest time.
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