Why Danone and Savushkin Product are suing and who wins?

15 September, 2020 г.
The first dairy products manufacturer in the post-Soviet space Danone made a third attempt to collect compensation from one of the main competitors - Brest JSC "Savushkin Product". And suffered a third defeat - this time in the Russian Court of Intellectual Rights.
Last week, this judicial institution in response to a cassation complaint of Danone Russia ruled that it is not subject to satisfaction. According to the ruling of the Court of Intellectual Rights, the decisions of two previous instances (the Moscow Arbitration Court and the Ninth Arbitration Court of Appeal) remain in force, according to which Savushkin Product owes nothing to the Russian division of a transnational corporation. The Moscow City Arbitration Court and the Ninth Arbitration Court of Appeal delivered their verdicts in February and June this year, respectively. However, Danone Russia still has an opportunity to appeal against the unfavorable decision within two months to the Judicial Board of the Supreme Court of the Russian Federation.
Recall that a high-profile trial involving the first and third dairy producers in the post-Soviet space began in mid-2019 with the lawsuit of Danone Russia. In its appeal to the Arbitration Court of Moscow, the company demanded compensation for the cost of goods for which the design of its yogurts with bifidobacteria "Aktivia" was allegedly illegally processed. According to Danone Russia, this corporate identity allegedly began to be used after 2017 for a line of similar products produced by "Savushkin Product" under the brand name "Optimal". The plaintiff insisted on double payment of compensation, which was to amount to 88.218 million Russian rubles, or at that time, 1.35 million dollars.

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