Nazarovo Dairy Plant will pay 23.5 million rubles for using someone else’s condensed milk brand

Nazarovsky Dairy and Confectionery Plant was forced to pay more than 23.5 million rubles for illegal use of someone else’s trademark. The company tried to challenge the decisionbut the complaints were left unsatisfied.

As told in the Arbitration Court of the Krasnoyarsk Territory, the plaintiff is the Karlaman Trading House (Republic of Bashkortostan) — entered into a supply agreement with the plant in November 2011. Nazarovites were supposed to produce condensed milk under the customer’s brand, but deliveries never began. Later it turned out that the plant itself produces and sells condensed milk under the name “Karlamanskaya Burenka”.

The plaintiff conducted a survey: 73% of buyers sincerely believed that the product was made by the Karlaman group of companies. The Trading House called such copying of the appearance of products unfair competition. Counterfeit condensed milk was found in Svetofor stores, so the chains Torgservice 102 from Bashkortostan and Torgservice 56 from Orenburg were also brought to justice.

The first instance fully satisfied the claim. They collected a little more from Nazarovites 23.5 million rubles from the Bashkir network – 12.4 million, from the Orenburg network – almost 11.1 million. The defendants filed appeals, but the court rejected them, leaving the decision in force.

This is not the only episode involving the Nazarovsky plant. Previously, the FAS stopped the sale of Baikalskaya condensed milk – then it turned out that the trademark belonged to the Irkutsk oil and fat plant, and the competitor’s label turned out to be suspiciously similar in color.

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