“BAVARIA BREWERY” SHALL PAY QUARTER OF A MILLION FOR UNFAIR COMPETITION

On 5 February 2020, the Intellectual Property Court confirmed legitimacy of FAS fine upon “Bavaria Brewery” Group” Ltd. for unfair competition and use of FIFA symbols in an advertising campaign

The case against “Bavaria Brewery” Group” Ltd. was initiated by the International Federation of Football Associations (FIFA). The reason for the investigation was marking “Bavaria” beer with labeling similar to a degree of confusion with FIFA brands. The producers also draw tickets for the final match of FIFA 2018 World Cup through the official corporate web-site and in social media. At the same time, the International Federation of Football Associations did not conclude an agreement with the company giving the right for such campaigns.

Based on the above, on 17 April 2018 the FAS Commission found that actions of “Bavaria Brewery” Group” Ltd. constitute an unfair competition act prohibited by the Federal Law “On Protection of Competition” [1]. In April 2019, Moscow Arbitration Court recognized legitimacy of the FAS order to impose an administrative fine upon the company. Corporate representatives who disagree with the ruling attempted to appeal the FAS decision.

On 5 February 2020, the Intellectual Property Court confirmed legitimacy of the FAS decision. Now “Bavaria Brewery” Group” Ltd. shall have to pay 250,000 RUB for unfair competition.

[1] Clause 1 Article 14.6