HARBELER

Louis Vuitton has legal proceedings with “Nidan Juices” because of discreditable advertising.

The conflict was caused by the filmed commercial by Andrey Alminsky.

The conflict between the seller of LVMH and “Nidan Juices” company is at the Supreme Arbitration Tribunal. The conflict started 2 years ago as advertising of “Sokos” brand appeared on TV, as it was reported by the “Vedomosti”. In the filmed commercials representatives of the glam social class are in ridiculous situations, while common people watch them smiling and drinking the juice “Sokos”. The idea was created by Andrey Alminsky.

In one of the filmed commercials a character (girl) tries to pack 8 suitcases in BMW and an angry driver as a result throw them on the road. On one of the suitcases, as well as the girl’s handbag, the famous star-print of Louis Vuitton was placed (Toile Monogram print).

In March of 2008 Louis Vuitton Malletier, the holder of the rights for this trademark, filed a suit to the Arbitration Tribunal of Moscow region against “Nidan Juices”, producers of the filmed commercial – “Metrafilms” studio and “Ritm”, the producer company. Louis Vuitton Malletier claimed to stop illegal use of the brand and pay compensation in amount of RUB 2,000,000, reported the “Vedomosti”.  The audience could have a negative attitude towards the main character as a light-headed girl and this negative impression could reflect the producer of the goods under Louis Vuitton brand, as it was mentioned in the case papers.

The court of primary jurisdiction dismissed the suit of Louis Vuitton but in March of 2009 the tenth Arbitration Tribunal of Appeal has recalled this decision and acknowledged that the print that was used on the suitcases in the filmed commercial “Nidana” is confusingly similar with Louis Vuitton trademark. The Court decided to exact from each of the defendant RUB 100,000 in favor of Louis Vuitton. In August the 5th the Federal Arbitration Tribunal of Moscow region upheld this decision. In November, the Supreme Arbitration Tribunal accepted the claim of “Nidan” for proceeding, reported Aleksey Getmanov, the deputy director of the legal department of the company, to the “Vedomosti”.  Now the judges of the Supreme Arbitration Tribunal are to have a decision concerning a possibility to forward the case to the presidium of the Supreme Arbitration Tribunal.
The precedent, made by Louis Vuitton, can become very dangerous for all TV advertising, reported Germanov to the “Vedomosti”: “Filmed commercials are often shot on street and anything can occur to be in a shot”. If the presidium of the Supreme Arbitration Tribunal upholds this decision and this will be used to refer to in the Arbitration Tribunals, companies will have to forget about freedom of creative work, as it was mentioned by the partner of Taxadvisor, the legal office, Aleksandr Alekseev. Igor Lutz noted to the “Vedomosti” that uncoordinated appearance of the brand in a shot is nothing more as unprofessionalism of the agency.  

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