Sakari Salonen

ONSE sport drink – Dispute concerning alleged trademark infringement

We successfully represented Onses Finland Oy before the Finnish Market Court in an exceptionally extensive dispute concerning alleged trademark infringement and unfair business practice. Our client, Onses Finland Oy, is a Finnish sports drink company and the owner of the sports drink brand ONSE. In the spring of 2023, the Polish beverage company OSHEE Polska Sp. z o.o. filed legal action against our client, alleging that the ONSE trademarks and product packaging infringed the OSHEE trademarks. The plaintiff’s secondary claims concerned alleged slavish imitation of the OSHEE sports drink packaging and exploitation of the reputation of the plaintiff. The plaintiff based its suit on registered trademarks as well as allegedly established and reputed figurative and three-dimensional trademarks. The Market Court rejected all of the plaintiff’s claims. The Market Court held that the marks invoked in the suit were neither established nor marks with a reputation in Finland. As regards the registered trademarks, the Market Court found that there was no likelihood of confusion between the OSHEE and ONSE trademarks. As to the secondary claims, the Market Court held that the sports drink packaging used by the plaintiff was a normal beverage bottle, the design of which was partly determined by functional factors. The Market Court also found that there were several blue sports drinks available on the market and that the plaintiff’s product was not the first blue sports drink on the market. The plaintiff failed to show that its product packaging was original or well-known to the average consumer at the time of the launch of our client’s ONSE sports drink product, and the Market Court thus rejected the claims on slavish imitation and exploitation of reputation. The Market Court ordered the plaintiff to pay all of our client’s legal costs with statutory interest. The judgment (MAO:280/2024) is not final.

11.6.2024

Valio and C&S – Sustainable everyday life is created through bold reforms

Valio is a food company with the courage to change with the times. Valio’s road to growth and towards the innovative transformation of the food industry is supported by its long-standing business law partner, Castrén & Snellman. Juha Hölttä became Valio’s General Counsel at a time when the company kicked its new strategy into a higher gear. ‘In the past two years we have made several significant market initiatives and expanded our business from food production to other areas of the value chain. By acquiring Heinon Tukku, we now provide a new kind of added value to restaurants and professional kitchens through our Valio Aimo ® wholesale business. And our joint venture with St1, Suomen Lantakaasu Oy, will enable us to reach our goal of turning manure into biogas for heavy transportation,’ Hölttä describes some of the milestones of the new strategy. In addition to expanding into new business areas, Valio continues to build a more sustainable dairy business alongside seeking international growth from plant-based products. Valio has invested in the international growth of its Oddlygood ® brand through incorporation and gained additional product development expertise through the acquisition of Gold&Green. Carbon footprint of milk reduced by new business operations Dairy products are at the core of Valio’s business, and the company develops this strong foundation not only through product innovation but also at the beginning of the food chain. ‘Who could have foreseen that dairy farm manure could become one way of tackling climate challenges? Our planned biogas plants will use manure and agricultural by-products to produce renewable liquefied biogas for use as transportation fuel,’ says Hölttä. ‘Valio is aiming for a carbon-neutral milk chain by 2035. We are making major reforms in our operations in order to make this happen.’ The sustainability programme for Valio’s 3,700 dairy farms has been expanded, and it now includes the preventive and systematic healthcare of cows as well as actions related to grazing, the climate and biodiversity. ‘Appreciation for locally produced food is on the rise, which means that sustainability questions are local as well. This is a good trend, as it makes it easier for us to make a difference.’ ‘Strategic help even in difficult circumstances’ The service-mindedness of lawyers is key in implementing a growth strategy. Castrén & Snellman Attorneys is a long-standing partner of Valio, and the relationship between the two is tight. ‘At Valio, we are always exploring new business opportunities, and us lawyers are tasked with assessing these opportunities. My philosophy as the General Counsel is that my door is always open. Together we can evaluate how to solve and implement new initiatives. In this job, you must be curious, broad-minded and business-oriented,’ summarises Hölttä. Hölttä’s legal team of five people is supported by experts from Castrén & Snellman. The key to successful partnership is that both parties are familiar with each other’s business operations and ways of working. ‘Castrén & Snellman knows us well, and they maintain an up-to-date overview of our situation, which I highly appreciate. It means that we are able to tackle tricky situations together quickly even in difficult circumstances.’ A joint fast reaction was needed, for example, when Valio exited the Russian market after the country launched its war of aggression on Ukraine. ‘The responsible thing was to leave quickly but in a controlled manner and by repatriating our investment as opposed to leaving an operational food production facility in the hands of a country that was waging war.’ A shared vision of sustainability Valio – Together we make life better A Finnish food company Approx. 4,600 employees Owned by 13 Finnish dairy cooperatives Finland’s most sustainable brand in the Sustainable Brand Index study Read more about sustainability at Valio Castrén & Snellman – Building sustainable success stories Forerunner of demanding legal services 300 employees Owned by its partners ‘We help our clients build sustainable success stories and achieve their sustainability goals.’ Read more about sustainability at Castrén & Snellman Shared success stories of Valio and C&S Global Brand Portfolio Management and IP Enforcement Purchase of Gold&Green’s Brand, IPR and R&D Function Joint Venture for Biogas Production with St1 Sale of Russian Operations Acquisition of Heinon Tukku Significant Growth Funding Round Competition Damages Case Defending Against Environmental Permit Challenge at the Appellate Level

4.5.2023

Huhtamaki – Sale of Russian operations

We advised Huhtamaki in the sale of its operations in Russia to Espetina Ltd. The transaction included four manufacturing units in Russia, employing a total of 724 people. The cash and debt free sales price was EUR 151 million. As a result of the sale, Huhtamaki expects to book a gain of approximately EUR 15 million in its third quarter. Huhtamaki is a key global provider of sustainable packaging solutions for consumers around the world. Its 2021 net sales totalled EUR 3.6 billion. Huhtamaki Group is headquartered in Espoo, Finland and its parent company, Huhtamäki Oyj, is listed on Nasdaq Helsinki Ltd.

9.9.2022

Valio – Sale of Russian Operations

We advised Valio in its negotiations on the divestment of Valio’s Russian operations to Velkom Group. The transaction includes Valio’s Russian operations and the processed cheese factory in Ershovo. The Viola® brand processed cheese sold and produced in Russia is also part of the transaction. Product brand rights to the Valio Viola® fresh cheeses sold in Finland and produced by Valio in Finland are not included in the transaction. In 2020, Valio’s net sales in Russia were EUR 87 million and accounted for approximately 5 per cent of Valio’s global net sales of about EUR 1.8 billion. On 7 March 2022, Valio decided to withdraw from operations in Russia. With this transaction, all Valio’s operations in Russia end immediately. Valio exports products to some 60 countries around the world. The total value of Valio’s international operations and exports is about EUR 750 million annually, i.e. approximately 40 per cent of Valio’s total net sales.

26.4.2022

Valio and Oddlygood Global – Significant Growth Funding Round

We are advising Valio, one of Finland’s premier food companies with more than a century of product development experience, and its subsidiary Oddlygood Global (OGG) in relation to OGG’s first round of financing. OGG will be receiving a EUR 25 million investment into the company from Mandatum Asset Management. Valio will continue as OGG’s majority shareholder after the investment. OGG develops and markets plant-based products under the Oddlygood™ brand, including oat drinks for coffee and products used in cooking and baking. The sales of Oddlygood™ products have doubled each year and OGG’s global growth potential is even larger. Currently, Oddlygood™ products are sold in Finland and Sweden, as well as the UK, USA, Russia and the Baltic countries. Mandatum Asset Management (MAM PE) is a Finnish private equity investor focusing on significant minority investments in Nordic growth companies with proven business models. As an active owner with an experienced investment team, MAM PE can provide OGG with more strategic expertise in global consumer products and further support its growth in international markets. Through its investment, MAM PE will become a minority shareholder in OGG. Valio is a Finnish dairy and food group founded in 1905 and is owned by Finnish regional dairy co-operatives. Valio has subsidiaries in Russia, Sweden, the Baltics, the USA and China. It had net sales of EUR 1,787 million in 2019 and employs over 4,000 professionals.

17.12.2021

Valio – Global Brand Portfolio Management and IP Enforcement

We are advising Valio in brand protection and intellectual property enforcement matters globally. Our IP team manages Valio’s global trademark, design and copyright portfolio, including registration, prosecution, opposition and enforcement. We also advise Valio in questions concerning IP licensing, consumer and marketing law, social media, domain names and cybersquatting, and food sector regulation. Valio is Finland’s biggest dairy business and food exporter with EUR 1.7 billion annual net sales. Valio’s products are found in some 60 countries and account for 25% of Finland’s total food exports. The company’s R&D work follows the footsteps of Nobel Prize winner A.I. Virtanen, and Valio has some 4,200 employees around the world. The Valio brand has been regularly recognised as one of the most valued brands in Finland. Other well-known and beloved brands of Valio include, among others, AURA, OLTERMANNI, POLAR and OIVARIINI.

30.9.2020

Anora Group – Global Brand Portfolio Management and IP Enforcement

We are advising Anora Group in brand protection and intellectual property enforcement matters globally. Our IP team manages Anora Group’s global trademark and design portfolio, including registration, prosecution, opposition and enforcement. We also advise Anora Group in questions concerning marketing law, social media, domain names and cybersquatting. Anora Group Plc is a publicly listed company. It was born in 2021 through the merger of the Finnish Altia Oyj and the Norwegian Arcus ASA. Anora Group is a leading wine and spirits brand house in the Nordic Region and a global industry forerunner in sustainability. Anora Group has a large portfolio of iconic brands such as Koskenkorva, Linie, Larsen, Skagerrak, Chill Out, Ruby Zin, Wongraven, O.P. Anderson and Falling Feather. Its key brands are exported to over 30 markets globally.

11.5.2020

Shareholders of iLOQ – Sale of Share Capital

We advised the shareholders of iLOQ Oy in the sale of iLOQ’s shares to funds managed by Nordic Capital. The purchase price for iLOQ’s entire share capital was EUR 190 million. The transaction is pending on competition authority approval, and is expected to be completed by the end of 2019. iLOQ develops, manufactures and markets innovative, high-security electronic locking solutions. iLOQ is a rapidly growing, highly profitable company with a turnover of EUR 50.2 million, an operating margin of EUR 9.5 million, a profit of EUR 8.3 million and a result of EUR 6.5 million in 2018. The company employs approximately 130 people. Nordic Capital is a private equity investor focused mainly on the Nordics and Europe. Since inception in 1989, Nordic Capital has invested more than EUR 14 billion through its nine funds.

17.10.2019

BMW AG – Enforcement of Trade Mark and Registered Community Designs

We are acting for BMW AG in a trade mark and community design infringement case against a major rim distributor and reseller in Finland. After confirming the bulk of our client’s infringement claims, the Market Court is now moving on to the damages phase of the case. First, however, the court in mid-March issued its decision on our client’s document and information production claims. The court upheld our claims and ordered the defendant to disclose accounting materials, purchase and sale figures, supply chain data and other information. The Market Court’s order also has wider implications beyond just the case at hand. The Market Court very rarely issues formal document production orders, so the court’s holding is important in outlining the scope of such orders. The Market Court also rejected a number of arguments raised by the defendant which makes it significant in terms of the defences available to defendants in document production matters. The Market Court’s order is likely to be very happy news to IP proprietors and claimants in Finland. Traditionally, the Finnish courts have taken a very restrictive approach to document production orders. The Market Court’s order is an important step in the gradual liberalisation of case law. Finland is still a long way from US-style discovery proceedings, however. Note that the decision is still subject to appeal. The order is available in Finnish on the court’s website .

17.4.2019

PopSockets – Enforcement of IP Rights

We are advising PopSockets LLC in the enforcement of trade marks, design rights and patents as well as in counterfeit matters. PopSockets LLC manufactures and sells the popular hit product PopSockets expanding grip and mount for mobile devices. With our help, PopSockets has succeeded in removing thousands of replica products from the Finnish market.

22.1.2019

Sinituote – Protection and Enforcement of Brands and Designs

We are assisting Sinituote in the protection and enforcement of its trademarks and designs and in issues related to the management of its IP portfolio. Under the SINI brand, Sinituote markets and sells cleaning tools and products. SINI products are among the most popular ones in their product category in Finland. Kungs is the leading Nordic brand for automobile care. It includes winter products such as snow brushes and ice scrapers that are designed and tested to suit the extreme Finnish winter conditions. One of Sinituote’s most legendary products is the Sinipiika mop that was developed in the 1950s and is still in production today. In addition to SINI and Kungs, the Sinituote brands also include Savu, Lundia, Rörets and VS-Harja. The products are designed and mostly also manufactured in Finland. Sinituote has its own factory in the small town of Kokemäki in southwestern Finland. The group’s R&D focuses not only on the high quality of the products but also their ergonomics, environmental friendliness and design. Sinituote makes considerable investments in R&D and design and also actively protects and enforces its trademarks and designs.

21.1.2019

Alma Media – Brand Protection and Enforcement

We are advising Alma Media Corporation and its group companies in trade mark and other intellectual property right protection and infringement matters as well as in questions relating to brand portfolio management. We have also been involved in creating the brand strategy for the company and have handled marketing law and domain issues. Alma Media is a dynamic multi-channel media company with a strong capacity for renewal. The best-known brands of the company include Kauppalehti, Talouselämä, Affärsvärlden, Iltalehti, Aamulehti, Etuovi.com and Monster.

18.1.2019

BBS – Enforcement of BBS Trade Mark

We successfully represented BBS GmbH, a leading light alloy wheel manufacturer, in a trade mark dispute before the Market Court. The issue was whether a Finnish company had infringed the BBS trade mark by marketing and selling wheels and hub caps under a stylised 885 symbol. The Market Court upheld our infringement claim, prohibiting the defendant from continuing or repeating the infringement and ordering the defendant to pay reasonable compensation to our client. The Market Court rejected the defence that a disclaimer on the defendant’s website was sufficient to remove the infringement, holding that there could still be post-sale confusion among third parties who see the 885 mark in use on a wheel. In considering the similarity of the marks, the Market Court took into account that the number 8 resembles the letter B and the number 5 resembles the letter S, especially given their visual presentation. The ruling became final in spring 2017.

15.6.2017

Finlayson – Licensing onto Larger Markets

Finlayson Oy is a beloved Finnish home textile manufacturer known for its high-quality products and bold, colourful prints. One of its most popular product lines at the moment is Tom of Finland. Finlayson has successfully expanded its business outside of Europe through licensing deals with carefully chosen partners, particularly in Asia. The company’s prints and brand are highly visible in its licensing partners’ product lines, for example, in home textiles and clothing, stationary, dishware and other high-quality products. In China, the company is also establishing its own shop-in-shops together with a local licensing partner.

27.2.2017

Tactic Group – Protection and enforcement of trademarks

We represent the Tactic Group, a leading international developer and manufacturer of board games, as lead counsel in its global brand protection, EU-wide customs enforcement and trademark disputes concerning the famous MÖLKKY trademark. MÖLKKY is an award-winning outdoor game marketed and sold in Europe, Australia, USA and Canada. The Tactic Group has been the exclusive distributor of the MÖLKKY game since 2010, and it purchased the manufacturing and intellectual property rights for the game from Lahden Työn Paikka Oy in January 2017. Tactic’s product portfolio includes also other well-known games, such as Kimble, Alias and iKNOW.

13.1.2017

DNA – We advised DNA Oyj in the Largest Finnish IPO of the Decade

We advised the Finnish teleoperator DNA Oyj in its listing on the official list of Nasdaq Helsinki. This was the largest IPO in Finland in a decade. The Company’s current market value is over EUR 1.3 billion. The initial public offering, which consisted of public, institutional and personnel offering, was oversubscribed, and after the offering the Company has over 10,000 shareholders. Trading with the Company’s shares on the official list of Nasdaq Helsinki began on 2 December 2016.

8.12.2016

Takeda – Commercial exploitation of pharmaceutical products

We are representing Takeda, one of the world’s leading research-based global pharmaceutical companies, in various contractual and other legal matters in Finland. Takeda operates in over 70 countries and has over 31 000 employees worldwide. Takeda’s goal is to pursue innovative medicines. We help them achieve this goal by giving them sound advice in legal issues related to manufacturing, marketing, licensing and distribution of pharmaceutical products in Finland. The pharmaceutical industry is strictly regulated by law. Therefore, it is important that, on top of national laws, legal partners also understand the specific requirements of pharmaceutical business.

24.10.2016

AIG – Protecting Clients from Cyber Risks

We provide comprehensive legal expertise to AIG’s CyberEdge policy holders in cases related to cyber risks. CyberEdge is an insurance policy that helps to mitigate not only the potential financial impacts of a data leak, loss or breach, but also the reputational and IT impacts. This is because CyberEdge combines traditional insurance cover with professional consultancy from legal, communications and IT points of view. Our experts continually assist our clients both in pre-emptive measures and in situations where a data breach has occurred in order to minimise the damage resulting from the incident. The other partners in the CyberEdge product are Nixu Oy and Pohjoisranta Burson-Marsteller.

24.10.2016

Altia Plc – Enforcement of Altia’s Well-Known Trade Mark

We represented Altia Plc, a leading premium-brand wine and spirits manufacturer in the Nordic and Baltic markets, in a trade mark dispute before the Market Court. A third party was infringing one of our client’s most well-known trade marks. The case was successfully settled after we filed a trade mark infringement action on behalf of Altia. For owners of well-known marks like the one at issue, it is of key importance to defend the mark to prevent it being diluted and losing its unique identity.

14.3.2016

Arnolds – Franchise matters

We represent Arnolds Bakery & Coffee Shop in connection with its franchise business. Arnolds has been operating since 1991, and today there are more than 30 franchisee-operated Arnolds stores all over Finland. Being a very well-known brand in Finland, protecting its intellectual property is of key importance for Arnolds. We advise Arnolds on intellectual property and marketing law, franchise agreements and in negotiations with its franchisees.

14.3.2016

BMW AG – Enforcement of BMW’s Registered Community Designs

High-quality design is a key success factor for car manufacturers building their brands and developing a loyal customer base. This is particularly true of premium car brands. High-end design products make tempting targets for manufacturers and sellers of after-sales replica parts. This was the core issue in a recent dispute where we successfully represented BMW; a design rights infringement case concerning replica rims. The court upheld our client’s infringement claim, ordering the defendants to pay damages. The case is precedent-setting in Finland in holding that car rims do not constitute ‘spare parts’ under design law and in defining the scope of criminal liability for the infringement of European-level IP rights, such as EU Community designs and EU trade marks.

20.11.2015

Google – AdSense Court Case

We successfully represented Google Ireland Ltd in a dispute concerning the interpretation of Google’s AdSense program terms and Google’s remedies in case a partner is in breach of them. Google AdSense is a program allowing website owners to earn revenue by letting Google place advertisements on their sites. The claimants suing Google had created Made for AdSense (MFA) sites to generate revenue by exploiting the AdSense program. MFA sites, like the ones at issue, are generally low-quality sites created solely to display AdSense ads without having any substantial independent content. The dispute concerned whether the sites at issues were MFA sites contrary to Google’s AdSense terms and what remedies Google had available to it in intervening against these sites. The court fully agreed with Google that the claimants’ sites had been contrary to the rules and that Google had been allowed to act as it did in shutting them down. The court dismissed the claimants’ claims in their entirety and ordered them to pay Google’s legal costs.

23.9.2015

Crocs, Inc. – Enforcement of Crocs’ Famous 3D Trade Mark

Crocs is a world leader in innovative casual footwear for men, women and children. Since its inception in 2002, Crocs has sold more than 300 million pairs of shoes in more than 90 countries around the world. With a unique and popular design, Crocs relies on enforcing its intellectual property rights against replica products. We represented Crocs in trade mark litigation concerning the infringement of Crocs’ three-dimensional trade mark protecting its famous Classic shoe. The court upheld our infringement claim and ordered the defendant to pay damages.

13.2.2015

ALSO Holding – Acquisition of Nervogrid Oy

We acted as Finnish legal counsel to ALSO Holding AG in the acquisition of Nervogrid Oy, which is active in the cloud computing sector and specialises in the development of Cloud Brokerage Enablement platforms with which the management of private, public and hybrid cloud transactions can be automated and efficiently processed. The new company will trade under the name ALSO Cloud Oy. ALSO Holding AG is a leading European full-range provider for the ICT industry and offers its customers the entire bandwidth of the supply chain, from solutions to services. ALSO employs around 3,150 employees throughout Europe. In the 2013 fiscal year, the company generated net sales of 6.5 billion euros and a group net profit of 50.1 million euros. The majority shareholder of ALSO Holding AG is the Droege Group located in Düsseldorf, Germany.

16.4.2014

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