We successfully represented one of the oldest producers of milk products in Lithuania, Lukšių pieninė, in a legal dispute with another Lithuanian milk processor over acts of unfair competition and trademark infringement.
Court judgments favourable to our client
Lukšių pieninė has been manufacturing handmade fermented cheese “Liliputas” since 1958, the trademark for which is registered in Lithuania. This cheese is on the European Commission list of protected products. The client sought to prohibit a competing milk processor from using the trademark “Лилипут” and an award of damages.
Both Vilnius Regional Court and the Lithuanian Court of Appeal ruled that the client’s trademark rights had been infringed. The courts prohibited the competitor from using the word mark “Лилипут” and ordered them to compensate our client for material damage.
New case law formed
Lukšių pieninė proved that its competitor had registered the trademark “Лилипут” in the Russian Federation, produced and packaged almost identical cheese and sold it in Russia. Although the competitor did not provide the courts with eligible data on its income from cheese production, the court calculated the amount of damages based on data provided by customs.
The court also created case law on similar trademarks registered in two countries. In order to show a trademark infringement, the goods are not required to be sold in the country of trademark registration. Production and labelling of the goods, which in this case took place in Lithuania, is also an illegal act and a sufficient basis for claiming damages.
Our team representing the client
Our team, consisting of partner Žygimantas Pacevičius with expert Stasys Drazdauskas, provided full-scope legal support to the client, including drafting procedural documents for the case and representing the client throughout the court dispute.
