The High Commercial Court of Ukraine upheld a ruling withdrawing Ferrero’s trademark on its roundRaffaello chocolate.

With the decision, a rival praline company and former Russian importer of Ferrero products, Landrin, can now compete with the Italian chocolate maker in the Ukraine. 

Landrin originally brought the case against Ferrero in Russia over its Waferatto product and lost. The Moscow court ruled that the item infringed upon Ferrero’s trademark of its praline brand, according to Reuters. The Russian firm, however, took the case across the border to Ukraine and filed a counter-claim seeking to eliminate Ferrero’s trademark. 

“Today’s negative outcome of the case is only going to encourage third parties to take advantage of the hard-earned reputation and know-how of foreign investors in the Ukraine,” Ferrero said in a statement.

According to The Moscow Times, the $8.08-billion confectionery group has won hundreds of counterfeit lawsuits before, including some in its No. 1 market for chocolate truffles - Russia. Although the Ukrainian court did not rule in the chocolate company’s favor this time that doesn’t mean the fight is over. Ferrero “will not stop taking appropriate actions to defend its efforts and growing investments in the country,” asserts Arturo Cardelus, Ferrero’s chief executive for CIS countries.

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- G.W.