FAS NAILS A SHAM FIFA PARTNER

Kaliningrad L-clinic pretended to be the “World Cup official dentist clinic”

On 14 June 2018, the Commission of Kaliningrad OFAS found that “Dentist practice of Dr Lebedev” Ltd. and “Lebedev Clinic” Ltd. violated the Federal Law “On Protection of Competition” and Federal Law “On organizing FIFA 2018World Cup in the Russian Federation, 2017 FIFA Confederation Cup”.

The officers of Kaliningrad OFAS revealed a fact of placing a banner of the front of a non-residential house in Kaliningrad with an image of a tooth designed to resemble a football player kicking the ball, and the text: “L-clinic. The World Cup official dentist clinic”. The size of the wall board was 11 m х 5.8 m., the area- 63.8 sq.m.

Upon investigation, it was established that FIFA did not enter into agreements with the defendants enabling to associate themselves with FIFA 2018 World Cup, particularly, through use of sport event symbols and creating an impression about “L-Clinic” being associated “with FIFA and (or) FIFA events as an official sponsor, partner, licensee, etc.”, particular, by placing such information on advertising posters and banners.

“Dentist practice of Dr Lebedev” Ltd. and “Lebedev Clinic” Ltd. created or could have created misunderstanding on involvement of the companies with FIFA or its events and gave the companies unjustified advantages in their business operations.

And administrative case is opened.

The board is now taken down.

Reference:

According to Sub-Clause b) Clause 19 Article 2 of No. 108-FZ Federal Law “On organizing FIFA 2018 World Cup in the Russian Federation, 2017 FIFA Confederation Cup and making amendments to some legislative acts of the Russian Federation" of 07 June 2013 (further on referred to as the Special law) the “World Cup” marking falls under FIFA 2018 World Cup symbols (further on referred to as the Sport events symbols).

The procedure for using sport competition symbols is specified in Article 19 of the Special law. For example, use of FIFA 2018 World Cup symbols, including marking of legal entities and individual entrepreneurs, their goods, works, services  (particularly, without limitation in commercial names, trade designations, brand names, service marks, in domain names and otherwise), if such use creates an impression that the above persons belong to FIFA or its events, on approval of goods, works, services by FIFA and (or) “Russia-2018” Organizing Committee and (or) somehow indicates a relation between those persons and (or) goods, works, services with FIFA or FIFA events, is allowed only subject to a relevant agreement with FIFA or FIFA-authorized organizations.

Use of FIFA 2018 World Cup symbols года in breach of Article 19 is unlawful and incurs punishment under the law of the Russian Federation.

Under Part 1 Article 20 of the Special law, the following are classified as unfair competition and incur consequences specified in the antimonopoly law of the Russian Federation:

1) Selling, exchanging or otherwise introducing goods into circulation or carrying out works, rendering services, if the Sport events symbols were used unlawfully, or markings, identical or similar to the extent of confusion with the Sport events symbols, or changes the Sport events symbols;

2) Any types of marketing (including sales and (or) promotions of goods, works, services) aimed to shape a consumer impression about FIFA and (or) events through using the Sport events symbols and otherwise, without FIFA permission;

3) Misleading, particularly, through creating misunderstanding that the goods producer and (or) advertiser is associated with FIFA or its events as a sponsor, partner, assistant, co-organizer, agent, licensee, an official supplier of goods, works, services, or in any other capacity is recognized as unfair competition  and leads to the consequences specified in the antimonopoly law of the Russian Federation

4) Misleading, particularly, through creating misunderstanding about approving, recommending, certifying goods, works, services by FIFA and (or) “Russia-2018” Organizing Committee, as well as on relation of such goods, works, services with FIFA or the events;

5) Running-up and (or) staging mass events for commercial purposes creating misunderstanding about them as events, as well as financial support including sponsorship, of such mass events without an official written permission from FIFA;

6) Using events, without an official written permission from FIFA, to organize or carry out advertising or marketing operations, obtaining sponsor support, particularly, if such operations focuses on the target audience, including holders of admission tickets for the events or documents  entitling to get entrance tickets for the events;

7) Using admission tickets for the events or documents  entitling to get entrance tickets for the events, for the purposes of advertising and to organize raffles, contests, games, betting, advertising campaigns, as well as including the costs of admission tickets for the events or documents  entitling to get entrance tickets for the events in the lists of tourist services, hotel services or other services, without an official written permission from FIFA.

Article 14.8

Clauses 2 and 3 Part 1 Article 20 of No. 108-FZ Federal Law “On organizing FIFA 2018 World Cup in the Russian Federation, 2017 FIFA Confederation Cup and making amendments to some legislative acts of the Russian Federation" of 07.06.2013

Kaliningrad Regional Office of the Federal State Statistical Service, 97, Moscow Avenue, Kaliningrad