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Why a wholesale company, having lost 12 million roubles, was unable to recover them

Why a wholesale company, having lost 12 million roubles, was unable to recover them

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The business of the Protek company, which has suffered significant losses, is wholesale commerce of medicinal means. The company executed, in December of 2009, an agreement of supply of Antigrippin-ANVI and Antigrippin-Maximum with one of its suppliers, ANVI Laboratory, for subsequent reselling.

However, Protek received a letter from the NaturProduct company within a year and half, in July of 2011. NaturProduct informed that it was the actual owner the Antigrippin trademark, and also stating the need to cease purchasing, selling and storing medicines, the names of which contain the word. The commercial director of Protek decided to suspend purchases of the medicines from ANVI Laboratory since August of 2011.

All shipments of that commodity and the assortment were blocked, and the prices zeroed. Besides, the wholesale company made several attempts at returning the medicines to the supplier, but the latter refused, believing the claim to be unlawful. Meanwhile, a dispute between the Federal Antimonopoly Service (FAS) of Russia and the rightholder of the Antigrippin trademark was underway. First the FAS charged NaturProduct with dishonest competition. The court ruled the decision invalid in March of 2012. Protek apparently decided that keeping the blocked goods at the warehouses would be wiser. However, the court supported the FAS position in October of 2012.

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