OREANDA-NEWS. February 12, 2009. The Federal Antimonopoly Service (FAS Russia), governed by Article 44 of the Federal Law "On Protection of Competition", initated a case against "BrandTea" CJSC for violating Clause 2 Part 1 Article 14 and Part 2 Article 14 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon a petition of "TPAO Udacha" Ltd., according to which "BrandTea" CJSC was pursuing unfair competition. Actions of "BrandTea" CJSC were misleading with regard to the producer of the goods - Ceylon tea under the "Dolche Vita" trademark - in the packing of original kind and with regard to acquiring and using exclusive rights for the word trade mark (international registration - No. 768181В).

"TPAO Udacha" Ltd. and "BrandTea" CJSC specialize in selling Ceylon tea in the Russian Federation, therefore, these economic agents are competitors.

In 2007 the Petitioner found out that "BrandTea" CJSC was selling tea labeled "Dolche Vita" and produced by "EMPIRE TEAS (PVT) LTD" (Sri Lanka). "BrandTea" CJSC copied the exact packing design developed by "TPAO Udacha" Ltd. for its own tea line - the "Dolche Vita" tea produced by "JAFFERJEE BROTHERS" (Sri Lanka) and by "EXPOLANKA TEAS (PVT) LIMITED" (Sri Lanka).

By acquiring and using the "Dolche Vita" trademark, "BrandTea" CJSC can gain entrepreneurial advantages and inflict damages upon "TPAO Udacha" Ltd.

FAS Russia believes that "BrandTea" CJSC can gain entrepreneurial advantages by infringing the principles of integrity, reasonableness and justness, and can inflict damages upon "TPAO Udacha" Ltd.

The case will be heard on 5th March 2009.

Reference:
Clause 2 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.

Part 2 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition related to acquiring and using exclusive rights for the means of differentiation of a legal entity and the means of differentiation of goods, works or services.