Confectionery giant Perfetti Van Melle wins dispute in Lithuania over Chupa Chups drink
The company „Greita ripe“ illegally distributed in Lithuania carbonated soft drinks „Chupa Chups“ manufactured in South Korea, and therefore has to pay 20 thousand euros to the owner of the brand, one of the largest producers of sweets and chewing gum in the world, the Italian-Netherlands company „Perfetti Van Melle“, which is also the largest manufacturer of gum. The court ruled that the company should pay 20 million euros in damages.
The Lithuanian Court of Appeals ruled on 10 July that the company had distributed the beverages in Lithuania without the consent of „Perfetti Van Melle“, the court said, upholding the decision of the Vilnius Regional Court on 27 February.
The courts ruled that the Italian company's trade mark infringed its intellectual property rights.
The Italian company owns more than 350 trademarks dominated by the word "Chupa Chups" and its products are distributed in 160 countries.
„The defendant („Fast River“ – BNS) did not prove that it is a legitimate parallel importer, and the court therefore rejected its arguments that the plaintiff („Perfetti Van Melle“ – BNS) does not have the right to prohibit it from marketing „Chupa Chups“ carbonated soft drinks“ on the European Union market, the court ruled, according to the ruling.
„Perfetti Van Melle“ assured that „Namyang Dairy.co“ drinks were never intended for the European Union market, and that „Greita rivers“ had not purchased the drinks from the three companies entitled to distribute them in the EU („Global Food Trade“, „Korina Trade“, and „Kuchnie Swiata“), or from their intermediaries, but rather from the unrelated Latvian company „Top Food“.
The Italian and the Dutch company also sought an order requiring „Greitas rivera“ to destroy all the beverages in its possession or handed over to its traders, but both sides indicated to the court that the trade in these beverages had now ceased and that there was no leftover beverages in its warehouses, and the court therefore rejected the claim.
„Quick River“ also argued to the courts that the rights of the owner of the „Perfetti Van Melle“ trademark had expired, but the courts noted that the Lithuanian company had not provided evidence to prove this.
„Greita rivers“ asked the Italian company to provide the court with a contract with „Chupa Chups“, a beverage manufacturer in South Korea „Namyang Dairy.co.Ltd“, which, according to the Lithuanian company, has been granted a licence to distribute the goods worldwide, but the contract was not produced in the court case.
The parties have previously failed to resolve the dispute amicably.
The decision of the Court of Appeal entered into force immediately, but can still be appealed to the Supreme Court of Lithuania.
