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Pharmacist asks for help

On 27 of July, 2009 A. Nattermann & Cie GmbH company, which is included in Sanofi-Aventis pharmaceutical corporation, filed an action against two St. Petersburg producers of remedies and treatment-and-cosmetic products – “NPF “Farkos” JSC and NPO “Zvezda” JSC in respect of protection of rights for “Essenciale” trademark. Preliminary court sitting is on 3 of September, 2009.

The corporation produces remedies for hepatopathy under this brand. In the first half year, according to the data of DSM Group, “Essenciale” took the second place according to a volume of sales at chemist’s shops among all remedies, its sale are amount RUB 917,000,000  (0,9% from the total volume of sales).

“Farkos” and “Zvezda” uses the trademark, which is confusingly similar with “Essenciale” trademark; the owner of this trademark is A. Nattermann & Cie GmbH, as it is said by a representative of “Sanofi-aventis group” Joint-stock company. This can mislead consumers in respect of a producer of the remedy, he explained filing the action.

“Zvezda” and “Farkos” sale probiotic “Essental-N”. On 28 of September, 2009 Dmitry Dergachev, director of science at NPO “Zvezda”, informed the “Vedomosti” that they had not yet received an action. According to his words, NPO “Zvezda” sold “Essental-N” remedy, which was produced by “NPF “Farkos”. However, about two months ago NPO “Zvezda” received a notification from A. Nattermann & Cie GmbH, after that sale of the remedy was stopped. It was not possible to contact “NPF “Farkos” as well as it was not possible to obtain information concerning volume of sales of “Essental-N”.

If use of the mark will be admitted as infringement in respect of the trademark, the holder has a possibility to prohibit use of this sign and demand whether compensation of damages or compensation in amount up to RUB 5,000,000.