Actions of Zavod Techno Ltd Violated Law
OREANDA-NEWS. June 09, 2008. The Federal Antimonopoly Service (FAS Russia) recognized that the actions of "Zavod Techno" Ltd., on misleading the public regarding the manufacturer of "ROCKLIGHT" insulating mineral cotton plates, violated Clause 2 Part 1 Article 14 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.
FAS Russia has established that "Mineralnaya Vata [Mineral Cotton]" CJSC is in the same group of persons with Rockwool International A/S, and manufacturers and sells insulating mineral cotton plates. The product is sold in red packaging, with the words "ROCKWOOL non-flammable insulation" in white letters.
"Zavod Techno" Ltd. manufacturers "ROCKLIGHT" insulating mineral cotton plates, sold in red packaging with the words "ROCKLIGHT non-flammable insulation" in white letters.
The survey of the "All-Russia Centre for Public Opinion Research" OJSC demonstrated the following:
- High degree of confusion between Rockwool and Rocklight packaging. In general, 88% of the respondents think that Rockwool and Rocklight packages are similar;
- Most frequently respondents talk about similar colour solution of the packaging (60% of responses), рsize and form of packaging (34% of responses) and similar fonts (17% of responses);
- 34% of the respondents mistakenly name "Mineral Cotton" as the manufacturer if the Rocklight brand;
- 65% of the respondents admit that they can believe that the Rockwool and Rocklight brands are products of the same manufacturer. При этом 48% of the respondents are convinced that these products are made by the same manufacturer. Approximately half of the respondents (52%) believe that they can confuse these brands at the time of buying.
Taking into account the survey results and the evidence presented by the parties to the case, FAS Russia concluded that the products of "Mineral Cotton" CJSC had appeared on the market of the Russian Federation long before the products of "Zavid Techno" Ltd. were out into circulation.
Clause 2 Part 1 Article 14 of the Federal Law "On Protection of Competition" forbids unfair competition by misleading with regard to the character, means and location of manufacturing, consumer qualities, quantity and quality of the goods or with regard their manufacturers.
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