Tashkent Economic Court rules in favour of Beirsdorf AG
Tashkent, Uzbekistan (UzDaily.com) --
Tashkent Economic Court satisfied suit request of Beirsdorf AG (Germany), owner of rights to NIVEA trademark, against UzGerSov and TA’LAT FAYZ BARAKA.
Germany company Beirsdorf AG opened suit case at Tashkent Economic Court against UzGerSov and TA’LAT FAYZ BARAKA to stop violation of its rights for NIVEA trademark.
The court decision underlined that Beirsdorf AG registered NIVEA trademark in Uzbekistan, while UzGerSov could not provide evidence for registration of NIVEAU as a trademark.
UzGerSov only provide a certificate on depositing design of package and expert conclusion on similarities and differences of packages of NIVEAU and NIVEA, issued by Interbrand Marketing (now Aston Alliancc Asian Division).
In its letter Aston Alliancc Asian Division said that the expert conclusion was not issued for judicial or other bodies. In its letter, the company said that recording of the copyright to package design of NIVEAU does not acknowledge it as a trademark to produce goods under the trademark.
So, the certificate on depositing design of package does not mean that NIVEAU was registered as trademark and it is not protected in line with the law “On trademarks, service marks and appellations of origin”.
The court ruled in favour of Germany company. The court said that UzGerSov should seize production of soap under NIVEAU, which violates rights of Beiersdorf AG and its brand NIVEA.
According to the court decision, UzGerSov and TA’LAT FAYZ BARAKA should eliminate NIVEAU signs from its soap within 30 days after the court decision comes into force. If the company, cannot remove signs, it should destroy all products with NIVEAU signs.
The court also entrusted to destroy NIVEAU signs within the 30 days after the court’s decision comes into force to stop violation of NIVEA trademark.
The court also ordered UzGerSov to compensate state duty for 2.74 million and postal expenses for 7,200 soums to Beirsdorf AG.