Orkla has launched chocolate war
Norwegians unite the Russian confectioners for struggle for “ Alenku “
As it became known daily, the Norwegian concern Orkla has decided to stir the Russian confectioners to action with factory “ Red October “ deprived their rights to popular Soviet brands, including “ Alenku “. The company has submitted to the Moscow arbitration the group claim to the enterprise which can join and other confectioners. Under flag Orkla have already risen confectionery factory “ Perm “ and “ the Seaside confectioner “. Simultaneously Norwegians have made an application in Rospatent on registration of the image of a trade mark on which in a profile the girl in a kerchief, similar on " is drawn; Alenku “.
last week “ Orkla Brends Russia “ division of Norwegian concern Orkla, has put in in Arbitration court of Moscow the statement for protection of the rights and interests of a group of persons. As the respondent the Moscow confectionery factory " acts; Red October “ which is included into holding “ Incorporated confectioners “.
In a press - service “ Orkla Brends Russia “ daily have explained that under a group of persons, whose rights should be protected, many years making production participants of the confectionery market are meant by a brand “ Alenka “ while “ Red October “ has not registered the right to this sign. And their volumes in Soviet period repeatedly exceeded chocolate release “ Red October “ thanks to what “ Alenka “ has got such popularity in all territory of the USSR, have noted in “ Orkla “. Any enterprise can join the claim, wishing to defend the rights to a brand.
to Receive the comment from “ Incorporated confectioners “ it was not possible.
According to the president of Bar “ Barshchevsky and partners “ Samvela Karahanjana, disposal of legal proceeding about protection of the rights and interests of a group of persons — rather new practice for arbitration court. Respective alterations in the Arbitration remedial code have come into force in October, 2009, and following the results of consideration of similar affairs while it is a little published certificates. Group claims are considered difficult and are considered within five months instead of three, as usual statements.
In opinion g - on Karahanjana, group claims are convenient for judges: they allow to unite in one manufacture numerous same requirements to one respondent. There is an advantage and to claimants: having received the statement of a considerable quantity of persons for the same infringement of the rights, the court will be more inclined to consider that infringement really took place and, accordingly, is subject to application of judicial protection.
On the other hand, such order bears in itself and certain complexities for applicants, has added g - n Karahanjan. In particular, within the limits of the claim to “ to Red October “ it was not possible to observe the requirement about attraction to business of five claimants, and this one of the bases on which the statement has been left without movement. However, under the information daily, claim Orkla have already joined confectionery factory “ Perm “ and “ the Seaside confectioner “. By the way, from last factory “ Incorporated confectioners “ want to collect 135 million rbl.
As the partner of legal company Lidings Andrey Zelenin has told, shortly in Russia there should be a court by the intellectual rights and, probably, company Orkla was followed wait with claims in arbitration court and to put in the statement on consideration of judges - experts.
Meanwhile Norwegians were not limited to the judicial claim. “ Orkla Brends Russia “ has submitted to Rospatent the demand for registration of the image of a trade mark on which in a profile the girl in a kerchief, similar on " is drawn; Alenku “. The company aspires to protect the rights to the most popular historical labels in all accessible ways, including having registered design of trade marks, have declared in a press - service of the confectioner.