“TOM TAYLOR” IS FINED 250,000 RUB FOR UNLAWFUL USE OF THE FIFA TRADE MARK

 Last summer, the company used “World Cup 2018” [“ЧМ 2018” in Russian] words to promote its new collection without FIFA permission

On 23 July 2019, FAS fined “Tom Taylor Rus” Ltd. 250,000 RUB for unfair competition related to unlawful use of the FIFA brand.

On 1 August 2018 the FAS Commission recognized the company’s actions as unfair competition [1]. The company put a banner on its official web-site with the following slogan: “ARE YOU READY TO WIN? The exclusive collection for 2018 World Cup”.

“ЧМ 2018”is a registered trade mark; however, FIFA did not conclude any contracts with “Tom Taylor Rus” Ltd. associating the company with FIFA 2018 World Cup.

This marketing measure could have misled consumers creating a commercial association with FIFA, which violated the Law on organizing the World Cup and the Confederations Cup.

Background:

FIFA possesses property rights related to the measures on organizing  2018 World Cup, including the right to designate FIFA commercial partners who are granted the exclusive right to associate themselves (their goods, works, services) with FIFA. Actions of third parties who are not FIFA partners that can create commercial association with FIFA are unlawful.

Article 14.8 of No. 135-FZ Federal Law “On Protection of Competition” of 26.07.2006 (the edition of 04.06.2018) prohibits other forms of unfair competition along with those listed 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, FIFA 2017  Confederations Cupin the Russian Federation and  amendments to particular legislative acts of the Russian Federation" of 07.06.2013  (version of 23.04.2018), the following are recognized unfair competition and incur the consequences specified in the antimonopoly law of the Russian Federation:
2) Any types of marketing (including sales and (or) promotion of goods, works, services, designed to form consumer understanding about FIFA and (or) events by use of sports competitions symbols and otherwise, without FIFA permission. 

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