ChMPZ and Pit-product demand about ₽2 billion from the Omsk company

The Moscow and St. Petersburg production divisions of PJSC Cherkizovo Group demand recovery of 1.22 billion and 575 million rubles from the Omsk company, respectively. The arbitration COURT accepted both claims, but has not yet considered them on their merits.

The claims are related to the use of the Starorusskie trademark, under which Cherkizovo has been producing sausages and boiled pork for more than 10 years. The amount of compensation was calculated on the basis of twice the cost of Starorussky jellied MEAT produced by the defendant over three years. The plaintiffs intend to clarify the scope during the trial.

Olga Nechaeva, a junior lawyer in the Intellectual Property and Information Technologies practice at the Nordic Star law office, said that it is more profitable for the copyright holder to seek compensation than damage and lost profits, because in the second case the amount of claims is very difficult to prove. She noted that goods under the Starorusskie brand are not very widely represented on the market, and therefore the possibility of recovering such significant compensation seems controversial. 

By law, the court has the right to reduce the amount of payment if there is a reasoned request from the defendant, based on the principles of reasonableness and fairness. In fact, compensation usually does not exceed 5–7 million rubles, says the expert.