"United Confectioners" may lose the exclusive right to trademark, known since the times of the USSR. The Federal Anti-Monopoly Service decided, that other factories can also use them for its products, but only if, if it will be released in the historic packaging. This rule applies to all regional enterprises, produced at one time under the Soviet confectionery brands.
In March 2011 , the Moscow factory "Red October", part of the "United Confectioners" holding, accused confectionery factory them. NK. Krupskaya (It belongs to the Norwegian Orkla) in violation of their rights to the trademark "Alenka". According to the applicant, Petersburg factory in 2010-2011 produced and sold chocolate "Alenka Krupskaya", confusingly similar to "Alenka" Moscow manufacturer. Initially the application was filed in the St. Petersburg office of FAS on breach of paragraph. 4 no. 1 Article. 14 Federal Law "On Protection of Competition", but then it was forwarded to the central office of the Antimonopoly Service.
After two months of the case the FAS commission recognized them factory. Krupskaya guilty of violating the Law on Protection of Competition. But in parallel with the experts of the antimonopoly authority have allowed the company to produce confectionery products in the package, which was used in Soviet times.
"Decision, we have taken now for "Alenka", is not of a selective nature, and this principle will be applied to similar situations ", - said Deputy Head of FAS Andrey Kashevarov.
This solution can also extend to other confectioneries, which in Soviet times on the territory of the RSFSR produced confectionery products under the well-known Soviet brands.
At the same time, if the producer will add an item to the "historical" trademark, it can be regarded as a violation of the exclusive rights of the trademark owner and becomes subject to competition law, He stressed Kashevarov. he recalled, In Soviet times, one organization shall develop and approve labels, and then gave the job to their implementation at the various factories.
"We found the historical principle of fair, reasonable and respectable. Subsequently manufacturers can register collective trademark ", - added Kashevarov.
According to the regional candy factory manager, "United Confectioners" trying to ban producing famous brands ("Bird's milk", "Petrel", "Swallow" et al.) those enterprises, which makes it the Soviet era. "The payment of multi-million dollar compensation prohibitive and forced abandonment of production recognizable confectionery brands significantly weaken the position of regional factories, and in some cases lead to the ruin ", - complains RBC daily.
"United Confectioners", owning about rights 70% Soviet confectionery brands, They sued the factory "Slavyanka", "Primorsky confectioner", "Sladunica", Perm confectionery factory and other manufacturers. Currently, the courts are about 50 holding claims for hundreds of millions of rubles.
The FAS decision certainly please the regional enterprises. This is a positive moment for regional factories, seeking the right to produce products under the Soviet brands, said zam¬gendirektora Livenskoy confectionery factory Zoya Selina, which is struggling with Kraft Foods for the cookies "Jubilee".
"However, the FAS decision will not be 100 per cent basis for judges, - said the lawyer of the Bar "Nikolaev and partners," Vasily Moiseev. - Immaculately him to follow the judge will be able only after clarification of the Presidium of the Supreme Arbitration Court ". But for this decision Antimonopoly Service must go through the four courts, adds lawyer.
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