The court banned the company "Alsa" from selling counterfeit BASF products |Business |15 min. lt

2023-01-16 16:33:07 By : Ms. Weway furniture

On October 17, the Lithuanian Court of Appeal granted BASF's request to prohibit the Lithuanian company from using its name.The court left the decision of the Vilnius District Court unchanged.

"BASF's name is arbitrarily indicated in the imported and distributed products, consumers are misled about the true origin of the product, the reputation created by the plaintiff is illegally used, thus unfairly competing," the Court of Appeal stated. Oxyfluorfen 25% Sc

The court banned the company "Alsa" from selling counterfeit BASF products |Business |15 min. lt

Alsa appealed against the trial court's unfavorable decision and sought to have BASF's claims dismissed.

The dispute arose after 1,000 euros sent to Alsa by the UK manufacturer "Farm Saver" was detained at the Kaunas customs office last January.liter shipment of "B-Zone 480" herbicides - the State Crop Production Service prohibits their import into Lithuania and their sale here.

The manufacturer of the herbicides was indicated as BASF, but after inspecting the goods stored in customs warehouses and examining their samples, BASF representatives determined that they were fakes.The German company asked the court to confiscate and destroy the goods and to prohibit Alsa from using the BASF brand if the goods are not manufactured by BASF.

The Lithuanian company explained to the court that it did not receive any benefit from the imported herbicides, did not harm BASF or compete unfairly with it, because it did not have time to distribute the goods, and when it turned out that they were counterfeit, they were sent by "Farm Saver", which is responsible for the product's quality.In addition, according to Alsa, the herbicides were intended for Latvia.

BASF later withdrew its demand to confiscate and destroy the goods, telling the court that it saw no point in suing Farm Saver because different companies were used to resell counterfeit herbicides in the UK to the EU market.

In March 2019, Alsa imported the probably falsified and unsafe herbicide B-Zone 480 from the UK company Synergy Generics.This shipment of 11 tons was destroyed and the UK company was banned from exporting the products to Lithuania.

Alsa had an authorization to sell analogue products from BASF, but after examining the samples of the latter and Sinergy Generics products, it became clear that they are not identical, their chemical composition is different from the original product specified in the authorization.

The court banned the company "Alsa" from selling counterfeit BASF products |Business |15 min. lt

Emamectin Benzoate 30% Wdg One of Alsa's shareholders, Petras Linartas, said at the time that the company is being slandered because there is no objective evidence that the distributed products are unsafe.