FAS FINED “NORDWIND AIRLINES” FOR UNLAWFUL USE OF FIFA SYMBOLS
The company created false impression regarding connection of “Nordwind” Ltd. services with FIFA events
Moscow Regional OFAS fined “Nordwind” Ltd. (“Nordwind Airlines”) 100,000 RUB.
Earlier OFAS Commission found that “Nordwind Airlines” violated the Law “On Protection of Competition” [1].
The company unlawfully used the “FIFA World Cup” markings and symbols of sport competitions in online marketing campaigns to promote the company and its service. Also, “Nordwind Airlines” misled consumers creating a false impression on connection between the services of “Nordwind” Ltd. and FIFA events.
Reference:
Article 14.2 of the Federal Law “On Protection of Competition” does not allow unfair competition through misleading. Under Article 14.8 of the Federal Law “On Protection of Competition”, other forms of unfair competition are also prohibited.
Article 14.6 of the Federal Law “On Protection of Competition” bans unfair competition through actions (omissions) by economic entities that can cause confusion with operations of competitors, their goods or services.
In accord with Part 1 Article 20 of the Federal Law “On preparing and organizing FIFA 2018 World Cup, FIFA 2017 Confederations Cup in the Russian Federation and amendments to particular legislative acts the Russian Federation”, the following is recognized unfair competition, including:
Any types of marketing, particularly, sales and (or) promotion of goods, works, services), designed to form a consumer understanding about FIFA and (or) its events by using symbols of sport events and otherwise without FIFA;
Misleading, particularly, by creating a false impression about approval, recommendation, certification of goods, works, services by FIFA and (or) “Russia-2018” Organizational Committee and about connection of such goods, works, services with FIFA or its events.
[1] Article 14.2, Clause 1 Article 14.6, Article 14.8 of the Federal Law “On Protection of Competition” and Clauses 1, 2, 4 Part 1 Article 20 of the Federal Law