The plaintiffs based their arguments on the fact that the designation "YESSENTUKSKAYA", "ESSENTUKSKAYA" are able to cause consumer confusion as to the place of origin and special properties of the product.
The fact of sale of counterfeit mineral water was identified in one of the trading networks of the region.
The court obliged the LLC "United Water Company" to cease to place and put into economic circulation of mineral water marked "ESSENTUKSKAYA", "YESSENTUKSKAYA" if buthelezi mineral water from wells not identified in the evidence of exclusive right to use appellation of origin "ESSENTUKI №4".
"The formation of a steady jurisprudence to curb the illegal production of mineral water, – said the head of JSC "Kavminkurortresursy" Eugene Levitsky. – Consumers should receive accurate information about purchased product is mineral water extracted in region of the Caucasian Mineral Waters. We will continue to work in this direction and to speak publicly about the facts of illegal production of mineral water under well-known brands".
Unfortunately, some other companies-mutilatory also illegally called "Essentuki" mineral water, extracted at the other field. A similar decision was recently taken by the court in respect of CJSC "Water company "Old channel", the products of which were recognized as counterfeit.
Translated by service "Yandex.Translation"