FAS FOUND THAT “HAVANA” LTD. UNLAWFULLY USED THE FIFA BRAND
The stickers on the canned fish sold by the company display the official FIFA RUSSIA 2018 brand name
On 8 June 2018, the Commission of Kaliningrad OFAS found that “Havana” Ltd. violated the Federal Law “On Protection of Competition” [1] commercializing goods with stickers that display an image confusingly similar to the official FIFA RUSSIA 2018 brand name.
The case was opened upon exposing elements of violations in the course of monitoring whether retail chains in the Kaliningrad region observe FIFA intellectual rights. OFAS staff established a fact of selling canned fish with the stickers displaying the RUSSIA 2018 brand name.
Administrative Protocols on breaching Part 2 Article 14. 33 of the Code on Administrative Violations are drawn up against an official of “Havana” Ltd. and the company.
Reference:
RUSSIA 2018 is an official FIFA brand name (Classes 1, 3, 4, 6, 9, 10, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 30, 32, 33, 34, 36, 37, 38, 39, 43 of the International Classification of Goods and Services, Registration No. of the Federal Intellectual Property Service 471195 of 20.09.2012; Classes 34, 41 of the International Classification of Goods and Services, Registration No. 434255 of 01.04.2011; Classes 5, 7, 8, 11, 15, 27, 29, 31, 40, 42, 45 of the International Classification of Goods and Services, Registration No.471074 of 19.09.2012, the right holder representative – “Intellectual Property Agency” Ltd.)
Article 14.6 of the Federal Law “On Protection of Competition” prohibits unfair competition through confusion.
Under Clause 4 Article 1252 of the Civil Code, if fabricating, disseminating or otherwise using, as well as importing, transporting or storing material carriers that express the results of intellectual activity or means of individualization, lead to infringing the exclusive rights for such results or such means, the material carriers are considered counterfeit and are subject to court-ordered removal from trading circulation and destruction without any compensation whatsoever, unless other consequences are not specified in the Code.
Clause 1 Article 1515 of the Civil Code of the Russian Federation specifies that goods, labels, packaging of goods illegally displaying trademarks or confusingly similar markings are counterfeits.