Arbitration Court of Orel Region 26 April, to recover from the Director General Pavel Selin in favor of "Livenskaya confectionery factory" losses in the amount of 1 470 000 rubles.
The court found, LLC "United Confectioners" summer 2014 addressed to the General Director of LLC "Livenskaya confectionery factory" with a letter in which he asked to immediately stop the illegal use of trademarks; withdraw from circulation confectionery in the package with the icons confusingly similar to the trademarks of well-known manufacturers.
The ban came marmalade "School" gingerbread "Meeting" gingerbread "Favorite" cookies "Temptation" cookies "Inspiration" cookies "Slavic" Delight "Zemfira".
Total in favor of rights holders was recovered with "Livny confectionery» 1,4 million rubles. The money was transferred in a timely manner.
According to the Civil Code, a person who acts on behalf of a legal entity shall act in the interests of the company represented by him in good faith and reasonably.
Since the main activity of LLC "Livenskaya confectionery factory" is the manufacture and sale of confectionery, Pavel Selin had to know about existing patents and registered trademarks in this market, considered the court. The Director-General shall, upon demand of the founders to compensate losses caused by them legal entity.
Pros Celina that the duty to control the activities of "Livenskaya confectionery factory" in terms of non-infringement of trademarks rests with the Deputy Director General, as well as to the head of the sales department, the court rejected in view of the special status that belongs to the general director, who is also It is responsible for the effective work of the staff.