Ukraine Ferrero Lost Rafaello Case
In February 2011 the Highest Commercial Court of Ukraine made final decision in a 2 year court dispute under action by Ferrero Group to prohibit use of sweets similar to its Rafaello product, and counteraction by Russian company Landrin on cancellation of trademark registration protecting design of Rafaello sweets. In its decision the court concluded that the trademark registration should be cancelled, since the trademark lacks distinctiveness. Respectively action on prohibition of use was rejected.
Notably Russian courts made opposite decision on the similar matter – confirmed registration of the Rafaello trademark and prohibited use of Rafaello like products by Landrin company.