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How to Lose Half a Million Rubles?
Using of another's trademarks increased in Perm.
31.07.2012 | Dengi59.Ru | Evgeniya Shadrina
Using of another's trademarks increased in Perm. Name of the sweet goods, Olympic symbols - these and other trademarks have already been in risk group of anti-monopoly service. Recently the owner of the Pizzamany trademark also joined to this group. It made the application for the actions of JSC "Loko-food" to OFAS. If the service proves violation of the law by the company, "Logo-food" will have to pay from 100 to 500 thousand rubles as a fine.
Anti-monopoly service in Perm suspects JSC "Logo-food" in violation of competition law, and moreover in illegal use of intellectual property of the other company, said the press-service of the department.
According to experts, earlier individual entrepreneur, who is the owner of trademark "Pizzamania", went to the OFAS of Perm.
The applicant found the advertisement in Internet, connected with the service, that delivers pizza. In it the name and picture of trademark "PizzaMania"(including slogan "PizzaMania") were used. That advertisement was made by "Logo-food".
"According to the competition law, the unfair competition isn't allowed, including sale, exchange or other introduction of goods, if intellectual property and equated means of an individualization of the legal body, means of an individualization of goods and services", - said experts of the Perm OFAS. They suspected in the actions of "Logo-food" factors of unfair competition. If violation is recognized by the commission of an anti-monopoly organ, the company will have to pay from 100 to 500 thousand rubles as a fine.
Using of another's trademarks increased in Perm. Name of the sweet goods, Olympic symbols - these and other trademarks have already been in risk group of anti-monopoly service. Recently the owner of the Pizzamany trademark also joined to this group. It made the application for the actions of JSC "Loko-food" to OFAS. If the service proves violation of the law by the company, "Logo-food" will have to pay from 100 to 500 thousand rubles as a fine.
Anti-monopoly service in Perm suspects JSC "Logo-food" in violation of competition law, and moreover in illegal use of intellectual property of the other company, said the press-service of the department.
According to experts, earlier individual entrepreneur, who is the owner of trademark "Pizzamania", went to the OFAS of Perm.
The applicant found the advertisement in Internet, connected with the service, that delivers pizza. In it the name and picture of trademark "PizzaMania"(including slogan "PizzaMania") were used. That advertisement was made by "Logo-food".
"According to the competition law, the unfair competition isn't allowed, including sale, exchange or other introduction of goods, if intellectual property and equated means of an individualization of the legal body, means of an individualization of goods and services", - said experts of the Perm OFAS. They suspected in the actions of "Logo-food" factors of unfair competition. If violation is recognized by the commission of an anti-monopoly organ, the company will have to pay from 100 to 500 thousand rubles as a fine.
Our comment:
Anna Holobudovskaya, INTELLECT-S, gave the extensive comment:
How can you protect your intellectual property? Anna Holobudovskaya, leading lawyer, head of practice Law Firm Group INTELLECT-S, is telling about this:- Illegal use of another's trademark is one of the most widespread types of violation of the trademark right. If the owner doesn't make arrangements for its protection,he will be able to face with lots of goods with the same names. The ability of an original trademark to distinguish the goods of the owner from the similar goods of competitors is dissolved, and, probably, completely lost.
It must be noted that the choice of methods of trademark protection depends on aims, perused by the owner. If the main aim is to stop the violation and punish the violator, owner should send an application in anti-monopoly service. It is the most quick and the least difficult method of struggle against violators. Furthermore, amount of fine under the article 14.33 of AVC for the unfair competition is quite bigger than the amount of fine under the article 14.10 of AVC for the illegal use of trademark. In the case of former the issue is 100-500 thousand rubles, in the latter case is 30-40 thousand rubles.
If the aim of the owner is to recover monetary compensation, it is necessary to send the application in arbitration court. Judicial examination will take more time, but as a result owner can get compensation for the illegal use of trademark in amount from 10 thousand to 5 billion rubles (in practice it is 100-300 thousand rubles depending on circumstances).
According to the statistics of the OFAS Perm, owners count on administrative method of protection. For example,in 2011 Arbitration Court of the Perm Territory tried by 15,9% less cases, connected with protection of intellectual property. But at the same time there were a lot of statements under the article 14 "Concerning the protection of competition" in OFAS of Perm (155 statements in 2011 against 85 statements in 2010).
Such category of cases has special character, that's why cost of service on protection of trademark will be higher than the cost of proxyship. If somebody offers you the similar case for less than 30-35 thousand rubles, the service might be unqualified.
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