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MARS, BOUNTY, TWIX - Metro, Luna, Coco Star, Albeni

Judgment of the Civil Process Court Collegium of the Riga Regional Court in the civil case initiated against the Latvian company SIA “SALDA MAJA" on cease of the illegal use of Mars, BOUNTY, Twix trademarks and on cease of the distribution of Metro, Luna, Coco Star, Albeni chocolate bars which packaging imitates (reproduces) Mars, BOUNTY, Twix products

 

On February 22, 2007 the Civil Process Court Collegium of the Regional Court of Riga adjudicated the claim brought by the agency "PETERSONA PATENTS" on behalf of the US company MARS Incorporated on (1) prohibition of importing or exporting, offering, selling, putting on the market or stocking for these purposes, as well as advertising and performing any other activities with the chocolate bars Metro, Coco Star, Luna and Albeni by SIA “SALDA MAJA” because these goods are misleadingly similar to the registered Mars, BOUNTY, Twix trademark families owned by MARS Incorporated, (2) imposing to SIA “SALDA MAJA” the obligation to destroy at the presence of the authorized representative of the Plaintiff all the goods with the packaging of Metro, Luna, Coco Star and Albeni which are misleadingly similar to the well-known Mars, BOUNTY, Twix trademark families protected in the Republic of Latvia, (3) to oblige the company ”SALDA MAJA”, SIA to recover in favor of MARS Incorporated the litigation expenses related with this case.
Grounds of the action – the Claim was brought due to the fact that the Plaintiff enjoys the rights to Mars, BOUNTY, Twix trademarks and the packaging design (external appearance) of its manufactured Mars, BOUNTY, Twix production. Besides, because of their longstanding use in the Republic of Latvia, the trademarks Mars, BOUNTY, Twix (the trademark families) of the Plaintiff have become well-known marks in Latvia. The company registered in the Republic of Latvia - SIA "SALDA MAJA" imported, distributed and offered, sold on the market of the Republic of Latvia the chocolate bars Metro, Luna, Coco Star and Albeni produced by the Turkish companies Saray Bisküvi ve Gida Sanayi Anonim Sirketi and ULKER Gida Sanayi ve Ticaret AS. Comparing the packaging (external appearance) of the chocolate bars produced in Turkey and imported and distributed by the Defendant, the packaging design of this production was confusingly similar to Mars, BOUNTY, Twix products which are well-known in the Republic of Latvia and also in other countries, as well as to the Mars, BOUNTY, Twix well-known trademark families. By the overall impression and several important elements, the packaging design of the chocolate bars Metro, Luna, Coco Star and Albeni was confusingly similar to Mars, BOUNTY, Twix trademarks and Mars, BOUNTY, Twix production of MARS Incorporated.
Having reviewed the case on the merits, on March 7, 2007 the Court announce the abbreviated judgment in this civil case and decided to satisfy the claim with respect to Metro, Luna, Coco Star and Albeni chocolate bars, to prohibit SIA “SALDA MAJA” importing or exporting the chocolate bars Metro, Luna, Coco Star and Albeni offering, selling, putting them on the market or stocking them for these purposes, as well as advertising and performing any other activities with the mentioned goods which are misleadingly similar to the registered Mars, BOUNTY, Twix trademark families owned by MARS Incorporated, to impose to SIA “SALDA MAJA” obligation to destroy all the goods with the packaging of Metro, Luna, Coco Star and Albeni which are misleadingly similar to Mars, BOUNTY, Twix trademark families owned by MARS Incorporated, to impose SIA “SALDA MAJA” to recover in favor of MARS Incorporated the litigation expenses in amount of Ls 600.00 and the official fee in amount of Ls 20.00, altogether Ls 620.00 (860.00 EUR).

 


 

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