“Saransky” Liqueur-and-Spirits Works breached the procedure for using FIFA symbols

“Saransky” Liqueur-and-Spirits” Works used to sell “Saransk Export” vodka with “FIFA WORLD CUP” symbols confusingly similar to “FIFA WORLD CUP” brand without FIFA permission

On 25 May 2017, the Commission of Mordovia OFAS found that production and introduction into economic turnover alcoholic products “Saransky” Liqueur-and-Spirits Works” Ltd. – “Saransk Export” vodka - with “FIFA WORLD CUP” symbols confusingly similar to “FIFA WORLD CUP” brand without the right holder permission constitute unfair competition. Such actions directly violate Clause 1 Part 1 Article 20 of the Federal Law “On organizing FIFA 2018 World Cup, FIFA 2017 Confederations Cup in the Russian Federation and making amendments to some legislative acts of the Russian Federation”.

The antimonopoly body opened a case against “Saransky” Liqueur-and-Spirits Works” Ltd. upon the results of investigating a statement of a representative of the Federation Internationale de Football Association (FIFA) (with an enclosed picture of a bottle of “Saransk Export” vodka), the marking elements of which had an inscription in white letters -  THE 2018 FIFA WORLD CUP.

During the investigation OFAS established that under No. 734366 International Certificate of 17 March 2000, the rightholder of a broad list of brand markets, including “FIFA”, “FIFA WORLD CUP” is the Federation Internationale de Football Association (FIFA). The rightholder did not enter into any agreements with “Saransky” Liqueur-and-Spirits Works” Ltd. granting the right for use of FIFA brand for the alcoholic products, produced and introduced into economic turnover. At the same time, “Saransk Export” vodka produced by “Saransky” Liqueur-and-Spirits Works” Ltd. from 21.12.2015 to 18.06.2016 (in total 10 954 bottles) had markings confusingly similar to “FIFA WORLD CUP” brand.

Since the Works withdrew from circulation the alcoholic products, which markings contained symbols of “FIFA WORLD CUP” before the OFAS decision was made, the antimonopoly body did not issues an injunction “Saransky” Liqueur-and-Spirits Works” Ltd.  to eliminate the antimonopoly violation.