Back to news

The lawyers of ART DE LEX terminated the long-term dispute between the Ramensky Confectionery Combine and Feretti Rus in the field of intellectual property

In November 2015, the owner of the Faretti trademark and the patent for the industrial design for sponge cake packages initiated a lawsuit against the Ramensky Confectionery Combine LLC and its trading house, LLC RCC Trade, to prohibit the production and sale of biscuit cakes in plastic packaging similar to the industrial design patent for Faretti’s packaging, according to the plaintiff. The sublicensee of the patent for the industrial design is LLC Feritti Rus, which produces biscuit cakes under the Faretti brand.

LLC RCC and Feretti Rus LLC occupy leading positions among producers of biscuit cakes in the confectionery market, which explains the tough competition that the companies have experienced over the past five years and the cases involving them before the Federal Antimonopoly Service and the courts.

As part of the case, the court appointed a forensic examination that confirmed that RCC LLC and RCC Trade LLC used their own packaging for Baker House biscuit pies, which do not coincide in all respects with the plaintiff’s patent. On 7 March 2017, the Tenth Arbitration Court of Appeal upheld the decision of the first instance arbitration court, confirming that RCC LLC and the distributor RCC Trade acted in full compliance with the law when using plastic packaging for Baker House biscuits.

Earlier, lawyers of the antimonopoly practice of ART DE LEX protected the interests of the Ramensky Confectionery Combine in the Moscow OFAS Russia, which recognized that Faretti Rus had violated the rights of RCC LLC, based on Article 14.1 of the Law on the Protection of Competition, and that Faretti Rus had disseminated false, inaccurate, and distorted information about the LLC Ramensky Confectionary Plant and Baker House biscuit pies. The arbitration court upheld the decision and the order of the antimonopoly body.

With the end of the dispute in the Arbitration Court of the Moscow Region, RCC LLC and Feretti Rus LLC expressed their intention to stop disputes in the field of intellectual property and announced their intention to compete in good faith in the confectionery market.

The lawyers of ART DE LEX represented the interests of LLC RCC and RCC Trade in arbitration courts of both instances as well as during the negotiation process with Feretti Rus LLC to resolve emerging issues in the field of intellectual property and antitrust law.

Yaroslav Kulik, a partner and the head of the antimonopoly practice, led the project. The lawyers Elizaveta Savina and Anna Bolshakova participated in the project.