OREANDA-NEWS. August 13, 2008. The 9th Arbitration Appeal Court, Moscow, upheld the judgment of the Moscow Arbitration Court and confirmed validity of the decision passed by the Federal Antimonopoly Service (FAS Russia), which concluded that the advertisement using the "Technosila" trademark (the advertiser - "Spektr" Ltd.) was improper, reported the press-centre of FAS Russia.

The advertisement demonstrated various goods with particular prices, accompanied by the text with a man's name and the words "... soft touch! He bought more expensive" ("Sanyok is a soft touch! He bought more expensive", "Andryukha is a soft touch! He bought more expensive", etc.)

Taking into consideration the findings of the survey on consumers' attitude towards the advertisement and the opinion of the Expert Council on Enforcement of the Advertising Legislation, FAS Russia already recognized that the advertisement was improper and violated Clause 4 Part 4 Article 5 of the Federal Law "On Advertising" because it was forming a negative attitude towards the persons who did not use the advertised goods.

FAS Russia issued a determination to the advertiser - "Spektr" Ltd. - requesting the company to stop violating the legislation of the Russian Federation on advertising.

"Spektr" Ltd. disagreed with the FAS Russia's position and appealed the decision of the antimonopoly authority to the Moscow Arbitration Court.

The Moscow Arbitration Court upheld the decision of FAS Russia, recognizing its legitimacy and validity. On 7th August 2008, the 9th Arbitration Appeal Court also upheld the judgment of the Moscow Arbitration Court confirming, therefore relevancy of the FAS Russia's decision.

Clause 4 Part 4 Article 5 of the Federal Law "On Advertising": advertisement should not form a negative attitude towards the persons who do not use the advertised goods or criticize such persons.