OREANDA-NEWS. April 27, 2009. The Federal Antimonopoly Service (FAS Russia) found that "Kungursky" Meat-Processing Plant" Ltd. violated Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" (unfair competition) and issued a determination on stooping the violations, reported the press-centre of FAS Russia.

"Kungursky" Meat-Processing Plant" Ltd. was engaged in unfair competition by commercializing the following sausage products - "Russkaya" Traditional Cooked Sausage" and "Dokroskaya" Traditional Cooked Sausage" - using the label which was similar to a degree of confusion with the combined trade mark (No.326733 Certificate), the right to which is possessed by the "Starodvorskie Kolbasy" Group.

The "Starodvorskie Kolbasy" Group is involved in producing and selling sausage products in the Russian Federation, including "Russkaya" Cooled Cooked Sausage" and "Dokroskaya" Cooled Cooked Sausage" using the combined trade mark (No.326733 Certificate).

"Kungursky" Meat-Processing Plant" Ltd. is involved in producing and selling sausage products in the Russian Federation, including the "Zolotoy Dvorets" line, marketd with the labels that use combined trade marks "Russkaya" Traditional Cooked Sausage" and "Dokroskaya" Traditional Cooked Sausage".

Reference note prepared by the experts of Rospatent (the Federal Service for Supervision of Legal Protection and Use of Intellectual Property, Patents and Trade Marks) upon a FAS Russia's request, showed that combined names in the form of labels used for marking sausage products of the "Zolotoy Dvorets" line, namely, "Russkaya" Traditional Cooked Sausage" and "Dokroskaya" Traditional Cooked Sausage", are similar to a degree of confusion with the combined trade mark (No.326733 Certificate), the right to which is possessed by the "Starodvorskie Kolbasy" Group.

Reference:
Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition in form of selling, exchanging or otherwise commercializing the goods with unlawful use of intellectual property of equal to them means of differentiation of a legal person or the means of differentiation of goods, works and services.