“TOM TAILOR” UNLAWFULLY USED A FIFA TRANDEMARK ON ITS WEB SITE

To promote an apparel line, the company put a banner saying “Exclusive collection for 2018 Soccer World Cup”

On 1 August 2018, FAS classified actions of “Tom Tailor Rus” Ltd. as an act of unfair competition [1].

The company put a banner with a slogan “ARE YOU READY TO WIN? The exclusive collection for 2018 Soccer World Cup” on its official web site. The naming “2018 World Cup”, however, is a registered trademark [2]. FIFA did not conclude contracts with “Tom Tailor Rus” Ltd. entitling the latter to associate itself with FIFA 2018 World Cup.

Based on the established circumstances, the Commission of the antimonopoly body concluded that such marketing ploy of the company can create a commercial association with FIFA for consumers, which is a violation of the Law on organizing FIFA 2018 World Cup and FIFA 2017 Confederations Cup [3].

During the case investigation, the advertising banner with “2018 World Cup” naming was removed form the web site.

The case materials are forwarded for opening an administrative case, the fine can be from 100,000 to 500,000 RUB.

The investigation started upon a statement from the International Federation of Football Associations (FIFA), which organizes FIFA 2018 World Cup.

Reference:

FIFA owns a set of property rights related to conducting events on FIFA 2017 World Cup, one of which is the right to determine FIFA commercial partners that are granted the exclusive right to associate themselves (their goods, works, services) with FIFA. Actions of third parties - not FIFA partners that can create any commercial association with FIFA are unlawful.

Article 14.8 of No.135- FZ Federal Law “On Protection of Competition” of 26.07.2006 (version of 04.06.2018) "prohibits other forms of unfair competition along with those specified in Articles 14.1 - 14.7 of the Federal Law.

Under Part 1 Article 20 of No. 108-FZ Federal Law “On organizing FIFA 2018 World Cup and FIFA 2017 Confederations Cup in the Russian Federation and amendments to some legislative acts of the Russian Federation” of 7 June 2013 (version of 23.04.2018), the following is recognized as unfair competition and leads to the consequences specified by the antimonopoly law of the Russian Federation:

2) Any types of marketing (including, operations for sale and (or) promotion of goods, works, services) designed to form representation for consumers about  FIFA and or its events by using symbols of sport competitions or otherwise, without a FIFA permission.

[1] Prohibited by Article 14.8 of No. 135- FZ Federal Law “On Protection of Competition” of 26.07.2006

[2] Certificate No.600423

[3] Article 20 of No. 108-FZ Federal Law “On organizing FIFA 2018 World Cup and FIFA 2017 Confederations Cup in the Russian Federation and amendments to some legislative acts of the Russian Federation” of 7 June 2013