OREANDA-NEWS. December 17, 2008. The Federal Antimonopoly Service (FAS Russia) recognized that "Delphin Industry" CJSC violated Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" (unfair competition) and issued a determination to eliminate the violation, reported the press-centre of FAS Russia.

The company violated the law by commercialization engine oils and transmission gear oils in the Russian Federation using the "LUXOIL" verbal label, similar to a degree of confusion to the "LUKOIL" trade mark (No. 141746 Certificate) and the "LUKOIL" trade mark (No.166710 Certificate).

"Lukoil" OJSC is an economic entity specializing on production and selling petrochemical products, including engine oils and transmission gear oils, and using the "LUKOIL" and "LUKOIL" word trade marks.

"Delphin Industry" CJSC produces and sells engine oils and transmission gear oils in the Russian Federation, in particular, using the "LUXOIL" verbal label.

According to the comparative note, prepared by Rospatent (the Russian Federal Service for Intellectual Property, Patents and Trademarks) upon a FAS Russia's request, the "LUXOIL" verbal label is similar to a degree of confusion to the "LUKOIL" (No.141746 Certificate) and "LUKOIL" (No.166710 Certificate) trademarks, the rights to which belong to "Lukoil" OJSC.

FAS Russia concluded that the actions of "Delphin Industry" CJSC violated Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition".

Reference:
Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition related to sales, exchange or other commercialization of the goods, with unlawful use of intellectual property and equivalent means of differentiation of legal entities, and means of differentiation of products, works and services.