The court rejected Jagermeister’s claim against the Kristall plant and WineStyle for 197 million rubles – Kommersant
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The Moscow Arbitration Court rejected the claim of the German alcohol producer Mast-Jagermeister SE against the Kaluga distillery Kristall (KLVZ) and the retailer WineStyle. The plaintiff demanded to ban them from producing and selling herbal liqueurs Alter Heiler and Konig Heiler, as well as to recover more than 197 million rubles from them. compensation for infringement of trademark rights.
The German company considered its rights to a series of four trademarks, the unifying element of which is the label of the herbal liqueur Jagermeister, to be violated. The plaintiff insisted that Kristall produces its products in bottles designed in a similar style, and this similarity was confirmed by more than 97% of respondents surveyed by sociologists.
A KLVZ representative claimed that the labels of its drinks “are designed in the traditional style for bitters,” and the designations have graphic, phonetic and semantic differences. In addition, the plant’s products are three times cheaper than the plaintiff’s product. A representative of the defendant WineStyle said that the company has fulfilled all Jagermeister’s requirements, RIA Novosti reports.
Jagermeister left the Russian market in November 2022. In the same month, Kristall began supplying herbal liqueurs Alter Heiler and Konig Heiler to retail chains, which the company hoped would replace German products. In April 2023, the Federal Antimonopoly Service sent Mast-Jagermeister SE is warning due to requirements for KLVZ to stop selling drinks under the Alter Heiler and Konig Heiler brands, which the German manufacturer considered counterfeit. In May, the owner of the Jagermeister brand filed a lawsuit to the “Red & White” chain because of the trademark.
Why the label of Kaluga liqueur was considered too similar to Jagermeister – in the material “Rename, but do not mix”.
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