Court Confirmed FAS Decision on Master Beverage Industries Pte Ltd
OREANDA-NEWS. December 18, 2008. The 9th Arbitration Appeal Court, Moscow, sustained the ruling of the Moscow Arbitration Court, confirming validity of the decision and determination made by the Federal Antimonopoly Service (FAS Russia) regarding Master Beverage Industries Pte Ltd., reported the press-centre of FAS Russia.
On 28th February 2008, FAS Russia recognized that the company was engaged in unfair competition: it disseminated information that there was a criminal case initiated against executives of "Rustorgservice" Ltd. and that "Rustorgservice" Ltd. did not have the rights for the "Golden Eagle" trade mark. The company also sold instant coffee and tea illegally using the above trade mark. FAS Russia issued a determination to the company requesting it to eliminate the violations.
"Rustorgservice" Ltd. - the economic entity that has exclusive rights to use the "Golden Eagle" verbal trade mark (No.166647 Certificate, registered for the goods of class 30 in the International Classification of Goods and Services - coffee, coffee drinks, cacao-based drinks, chocolate drinks, tea).
Master Beverage Industries Pte Ltd. sells instant coffee and tea, with the "Golden Eagle" label in the Russian Federation.
Investigating the case, FAS Russia established that "Rustorgservice" Ltd. had not given the right to use the "Golden Eagle" verbal trade mark to Master Beverage Industries Pte Ltd. FAS Russia also established that the company disseminated information among economic entities that Rospatent (the Federal Service for Intellectual Property, Patents and Trade Marks) had not issued certificates confirming exclusive rights of "Rustorgservice" Ltd. for the "Golden Eagle" verbal trade mark. FAS Russia also found that the company disseminated false information that a criminal case had been initiated against executive officers of "Rustorgservice" Ltd.
Having considered all explanations and evidence, FAS Russia concluded that Master Beverage Industries Pte Ltd. violated Clauses 1 and 4 Part 1 Article 14 of the Federal Law "On Protection of Competition".
The company disagreed with the FAS Russia's decision and appealed.
On 21st August 2008 the Moscow Arbitration Court pronounced validity of the decision and the determination made by FAS Russia and dismissed the claim of the company on invalidating the FAS Russia's decision and determination.
On 10th December 2008, the 9th Arbitration Appeal Court, Moscow, sustained the ruling of the Court of First Instance.
Reference:
Clause 1 Part 1 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition related to dissemination of false, incorrect or distorted information that can inflict damages upon an economic entity or harm its business reputation.
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.
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