Ferrero international confectionary confident of positive ruling by Higher Economic Court of Ukraine on ownership of Raffaello trademark

Kyiv, October 2 (Interfax-Ukraine) – One of the largest international confectionary producers, Italy's Ferrero, is confident in a positive ruling of Higher Economic Court of Ukraine to be issued on October 13 regarding an attempt by the Landrin Company (a Russian confectionary in St.Petersburg) to challenge the legal right of the Italian concern to the Raffaello trademark.

Ferrero International Vice President Francesco Paolo Fulci gave the information at a press conference at Interfax-Ukraine on Friday.

"Ferrero is absolutely confident that Higher Economic Court of Ukraine on October 13 wll issue a ruling in favor of the Italian concern, which would be unbiased and calm all present and potential investors in Ukraine," Fulci said.

He said that Russia's Landrin Company in 2007 started producing round waffle sweets with coconut filling and almond under the Waferatto brand, which is similar to Raffaello sweets. Later, the Russian producer did the same thing in Latvia, although Russian and Latvian courts have ruled the actions of the Russian confectionery illegal.

In addition, Fulci said that the head of Landrin is a former Ferrero employee in Russia.

He said that at present, Ferrero faces the same problem in Ukraine. This time, Landrin tried to challenge the legal right of Ferrero on the Raffaello trademark in court, taking the fact that similar sweets have been produced in Ukraine for many years and by many companies, while the said trademark was registered by the Ukrainian national intellectual property department in 2003.

Fulci said that Kyiv Economic Court on February 3, 2009 rejected an appeal by Landrin, and on June 15, 2009 Kyiv Economic Court of Appeals ruled against the decision. The final ruling on the issue will be presented by the Higher Economic Court of Ukraine on October 13.

He also said that the negative ruling of the court would have destructive after-effects for the concern's business in Ukraine. Fulci did not disclose what he meant. He said that the European Union would support Ferrero in the issue, as this concerns elementary rules of running a business. In addition, this would affect the attitude of investors to Ukraine, he said.

Ferrero Concern has been present on the Ukrainian market since 1996. The concern's products are sold through Ferrero Ukraine Ltd.

The annual expenditure on advertising of the concern exceeds EUR 1 billion, and since 2007 its expenses on advertising and marketing in Ukraine have exceeded UAH 180 million.