Vilgerts has successfully represented the interests of Rigas Piena Kombinats, which operates under the Food Union brand, in a dispute over the trademark for a specific tone of orange used for its curd snacks product.
According to Vilgerts, the Riga Regional Court handed down its judgment in favor of Food Union on March 10, 2021. According to the firm, “in 2017, Food Union applied for trademark registration in Latvia – the orange color used for the well-known Karums products. Tukuma Piens and Preilu Siers objected to this registration and brought an action in court, arguing that the trademark lacked distinctive character because it was used by many dairy producers and the exclusive right to use this color could not be granted to only one company. The first instance court upheld the action and declared the registration of the mark invalid. However, the appellate court ruled to the contrary and acknowledged the trademark, as a result of its use has acquired a distinctive character in the perception of Latvian consumers in relation to product curd snacks.”
According to the firm, in its judgment the Court emphasized that the orange color trademark had been used for a long time and intensively in the Latvian market in connection with Karums products and had gained a high level of recognition among consumers and brand specialists. According to the firm, "as a result of the Court’s judgment, Food Union has managed to protect the registration of its color trademark, which grants it the exclusive right to use this color in Latvia in relation to curd snacks products.”
Vilgerts’s team was led by Partner Brigita Terauda and included Senior Partner Ineta Krodere and Associate Kaline Ozola.