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The Minsk District Court declared that the conflict between two Belarussian soda ash producers was at the origin of the conflict. The complaint was lodged by the Minsk CSF soft drink plant, which has been producing the Bela-Cola soft drink since 1998. The manufacturer blamed the private production unit company "Darida" in the publication of a product similar to the old machinery market.
The soft drinks "Bel-Cola" of "Darida" appeared on the shelves of the stores of the country in summer. The specialists at the Minsk non-alcoholic beverage factory conducted a comparative badysis of the label protected by it and the label used by the competitor and concluded that the consumer could easily be misled, believing that both the drink that Bela-Cola and "Bel-Cola" produced by a manufacturer, ie that there will be a mixture.
Representatives from the Minsk Non-Alcoholic Beverage Factory said in court that they had found evidence of a mix of products from two manufacturers on store shelves.
Interestingly, the element "cola" – not susceptible to protection for drinks, it indicates only the composition. But the verbal element "Bela-Cola" can already be protected.
Experts have found that "Bela-Cola" and "Bel Cola" have minimal phonetic differences, "their components are badociated with the same semantically identical linguistic units, which allows us to consider them as similar to the degree of confusion with the sound side. and to badert their semantic similarity conditional on the degree of confusion. "The overall solution for artistic and graphic labeling" also shows signs of significant similarity ".
As a result, the court ruled that Darida illegally used the objects of industrial property rights. Since November 5, "Darida" has stopped the production and sale of the drink "Bel Cola". The court also imposed on the manufacturer a fine of 150 basic units.
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