By decision on refusal to initiate cassation proceedings in the case, adopted in the assignment sitting by the Department of Civil Cases of the Supreme Court on 29 June, the judgement of the Chamber of Civil Cases of the Supreme Court partly satisfying the claim of Belgian company “Soremartec S.A.” and prohibiting limited liability company “O.LANA” to use markings, which are confusingly similar to graphic trademark “RAFFAELLO”, in relation to sweet pastry, entered into force. The Department of Civil Cases of the Supreme Court adopted such decision at the assignment sitting, because the judicial panel does not have doubts on lawfulness of a judgement of an appellate instance court. The cassation complaint against the judgement of the appellate instance court was filed by the claimant.  

The Chamber of Civil Cases of the Supreme Court heard the case under appellate procedure on 4 February 2014, and prohibited “O.LANA” LLC to perform commercial activity with packing of a cake “Rafael”, to produce this packing and to distribute, export, store and offer cakes in this packing for such purposes. The court imposed an obligation to “O.LANA” LLC to withdraw cakes in “Rafael” packing from the trade within one month from the day of entry of the judgement into force. The court also imposed an obligation to the respondent to publish introductory part and operative part of effective judgement in this case in newspapers “Daily Business” (“Dienas Bizness”) and “Business &the Baltic” (“Бизнес&Балтия”) at its own expenses, within one month from the day of entry of the judgement into force.

Belgian company “Soremartec S.A.” possesses internationally registered trademarks “RAFFAELLO” and wordy trademark of the European Community “RAFFAELLO”, valid in Latvia as from May 1, 2004. Trademarks mentioned are registered regarding goods in class 30, inter alia, regarding confectionery products.

In December 2010, the plaintiff filed a claim to the court on adjournment of unlawful use of trademarks, indicating that “O.LANA” Ltd. produces and distributes sweet pastry – cakes with label “RAFAEL”. The plaintiff believes that such title is in miscible manner similar to well known trademark “RAFFAELLO” registered by the plaintiff and the respondent uses miscible similar label “RAFAEL” in relation to goods, which are identical or similar to goods, regarding which plaintiff’s trademarks are registered. The plaintiff also believes that the respondent knowingly created label similar to plaintiff’s trademarks in order to cause consumer’s connotations with plaintiff’s goods, thus promoting sale of its product. The respondent does not admit the claim, indicating that plaintiff’s trademark “RAFFAELLO” is mainly used to label sweets, and the respondent uses label “RAFAEL” to mark cakes. Sweets and cakes, although both are confectionery, are different products basically. Moreover, contradistinguished labels are absolutely two different names in terms of literal, graphical, visual and conceptual composition.

On November 17, 2011, when hearing the case at the first instance, Riga regional court satisfied the claim of Belgian company “Soremartec S.A.”.


Information prepared by Baiba Kataja, the Press secretary of the Supreme Court
Telephone: 67020396; e-mail: baiba.kataja@at.gov.lv